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R. S., c. 293 motor vehicle 99 NOVEMBER 9, 2023accommodation and all such persons are seated while being so trans-ported. (5) It shall be an offence for a person to ride or for the driver of the towing vehicle to permit a person to ride in a travel trailer or mobile home while the travel trailer or mobile home is being towed on the highway. (6) It shall be an offence for a person to ride or for the driver to permit a person to ride in a truck camper while the truck camper is being operated on the highway except in a regular passenger seat or in a seat permanently mounted on the lower part of the body of the truck camper. (7) No person shall drive a motor vehicle on a highway if (a) the control of the driver over the driving mechanism of the vehicle; or (b) the view of the driver to the front or sides of the vehicle, is obstructed or interfered with by reason of the load or the number of persons in the front seat. (8) It shall be an offence for a passenger in a vehicle to ride in such position as to interfere with the driver's or operator's view ahead or to the sides, or to interfere with the driver's or operator's control over the driving mecha-nism of the vehicle. R. S., c. 293, s. 129. No driving bus with open door 130 The driver of a bus or a trolley coach shall not knowingly operate the bus or trolley coach while a door of the bus or trolley coach is open. R. S., c. 293, s. 130. SAFETY ZONES AND COMPULSORY STOPS Safety zone 131 The driver of a vehicle shall not at any time drive through or over a safety zone as defined in Section 2. R. S., c. 293, s. 131. Bicycle lanes 131A The driver of a vehicle shall not operate the vehicle in a bicycle lane unless (a) it is necessary to do so to go around a vehicle or a bicycle immediately in front of the driver's vehicle that has signalled its intention to turn left; (b) it is necessary to do so to complete a lawful manoeuvre; or (c) the driver has encountered a condition on the roadway, includ-ing a fixed or moving object, parked or moving vehicle, pedestrian, animal or surface hazard that makes it impracticable not to do so,

100 motor vehicle R. S., c. 293 NOVEMBER 9, 2023but in that event shall yield the right of way to any cyclist lawfully in the bicycle lane. 2010, c. 59, s. 5. Railway crossing 132 (1) Whenever a person driving a vehicle approaches a highway and railway grade crossing and a clearly visible or positive signal gives warning of the immediate approach of a railway engine, train or car, it shall be an offence for the driver of the vehicle to fail to stop the vehicle before traversing such grade crossing. (2) No driver shall enter a highway and railway grade crossing unless there is sufficient space on the other side to accommodate the vehicle he is operating without obstructing the passage of railroad trains. R. S., c. 293, s. 132. Stop sign 133 (1) Subject to Section 86, the traffic authority may designate main travelled or through highways by erecting at the entrances thereto from intersecting highways signs notifying drivers of vehicles to stop before entering or crossing such designated highways, or may designate particular intersections and erect stop signs at one or more entrances thereto, and whenever any such signs have been so erected it shall be an offence for the driver of a vehicle or the motorman of a street car to fail to stop in obedience thereto, except where directed to proceed by a peace officer or traffic control signal. (2) Such signs shall be placed as nearly as practicable to, and the stop shall be made at, the place where the cross street meets the prolongation of the nearest property line of the through highway. (3) Every such sign shall bear the word “stop” in letters of a size to be clearly legible from a distance of at least 30 metres and shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle or by street lights. (4) This Section shall not apply in the case of police and fire department vehicles and ambulances when the same are operating in emergencies and the drivers sound an audible signal by bell, siren, compression or exhaust whis-tle, but this proviso shall not operate to relieve the driver of a police or fire depart-ment vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway. R. S., c. 293, s. 133; 2014, c. 20, s. 8. Yield sign 134 (1) Subject to Section 86, a traffic authority may erect at any intersection a yield sign or signs. (2) A yield sign shall be of such design and specification as may be determined by the Minister pursuant to Section 88 and shall be of a size to be clearly discernible from a distance of 30 metres and shall be illuminated at night or

R. S., c. 293 motor vehicle 101 NOVEMBER 9, 2023so placed as to be illuminated by the headlights of an approaching vehicle or by street lights. (3) The driver of a vehicle approaching an intersection at which there is a yield sign and facing the sign shall enter the intersection with caution and shall yield the right of way to all other traffic within the intersection or approaching so closely on the intersecting highway as to constitute an immediate hazard. R. S., c. 293, s. 134. Rotary or roundabout 135 (1) The driver of a vehicle entering a roadway in or around a rotary or roundabout shall yield the right of way to traffic already on the roadway in the circle and approaching so closely to the entering highway as to constitute an immediate hazard. (2) The driver of a vehicle passing around a rotary or roundabout shall drive the vehicle in a counter-clockwise direction around the island or the cen-tre of the circle. 2004, c. 42, s. 10. Driveway 136 (1) The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop the vehicle immediately prior to driving on a sidewalk or on the sidewalk area extending across an alley way. (2) The driver of a vehicle entering an alley, driveway or building or driving across a sidewalk shall yield the right of way to a pedestrian who is cross-ing the entrance to the alley, driveway or building or who is on the sidewalk at the point where the vehicle is crossing. R. S., c. 293, s. 136. Application of Sections 131 to 136 137 (1) In Section 131 and Sections 132 to 136, “vehicle” includes a bicycle, a personal transporter and an electric kick-scooter and “driver” includes a cyclist, the operator of a personal transporter and the operator of an electric kick-scooter. (2) For greater certainty, Section 131A does not apply to bicycles, personal transporters, electric kick-scooters or their operators. 2022, c. 21, s. 8. PARKING Parking on highway 138 (1) No person shall park or leave standing a vehicle, whether attended or unattended, upon the paved or improved or main travelled portion of any highway, outside of a business or residence district, when it is practicable to park or leave the vehicle standing off the paved or improved or main travelled por-tion of the highway, provided, in no event shall any person park or leave standing a vehicle, whether attended or unattended, upon any highway unless a clear and unob-

102 motor vehicle R. S., c. 293 NOVEMBER 9, 2023structed width of not less than 4. 5 metres upon the main travelled portion of the highway opposite the standing vehicle shall be left for free passage of other vehicles thereon, nor unless a clear view of the vehicle may be obtained from a distance of 60 metres in each direction upon the highway. (2) Whenever a peace officer finds a vehicle standing upon a highway in violation of this Section, he may move the vehicle or require the driver or person in charge of the vehicle to move the vehicle to a position permitted under this Section. (3) This Section shall not apply to the driver of a vehicle which is disabled while on the paved or improved or main travelled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporar-ily leaving the vehicle in such position. R. S., c. 293, s. 138. Winter parking 139 (1) Notwithstanding Section 138, no person wilfully shall park or leave standing a vehicle whether attended or unattended, upon a highway or any part thereof in such manner that it might interfere with or obstruct snow removal or winter maintenance operations on the highway. (2) Where a vehicle is parked or left standing on a highway in such manner that it interferes with or obstructs snow removal or winter maintenance operations, the Department or a peace officer may cause the vehicle to be moved or towed to some other place. (3) Any cost incurred by the Department or a peace officer in moving or towing a vehicle under subsection (2) may be recovered from the owner of the vehicle and such debt shall constitute a lien against the vehicle. R. S., c. 293, s. 139. Warning flare or reflector 140 (1) Notwithstanding any of the provisions of this Act, where a commercial motor vehicle that has a registered weight of 3,500 kilograms or more or a travel trailer or a motorized home is so disabled on a highway outside a city or incorporated town at any time during the period from one half hour after sunset to one half hour before sunrise that it cannot be removed from the highway, the driver of the vehicle shall, while the vehicle is so disabled on the highway during the said period place and maintain a flare, of the “pot flame” type, so called, at the front of the vehicle and a similar flare at the rear of the vehicle. (2) The driver of every commercial vehicle that has a registered weight of 3,500 kilograms or more or a travel trailer or a motorized home shall have in the vehicle at all times when it is operated on the highway no less than two flares of the “pot flame” type, so called, both of which are charged with fuel and in good working order.

R. S., c. 293 motor vehicle 103 NOVEMBER 9, 2023(3) Where a commercial vehicle of the class described in subsec-tion (1) or (2) is equipped and is being used for the transportation of gasoline, fuel oil or other similar volatile inflammable substance the driver may have and if occa-sion requires may use portable red reflectors that are visible for a distance of 150 metres under normal atmospheric conditions, electric lamps or lights that are oper-ated from a battery or batteries other than a battery of the vehicle in place of the flares described in those subsections. R. S., c. 293, s. 140. Service truck 141 (1) Where a motor vehicle service, repair or towing truck, on which a crane is permanently mounted, is stopped on a highway outside a city or incorporated town at any time during the period from one half hour after sunset to one half hour before sunrise for the purpose of rendering service to a disabled motor vehicle or of taking a motor vehicle in tow from a position on or near the highway, the driver of the truck shall, while the truck is so stopped, place and maintain at least four retro-reflective pylons meeting specifications prescribed by the Minister at a sufficient distance to the front and the rear of the truck to give warning to approach-ing vehicles in time to enable them to stop before reaching the place where the truck is and the pylon farthest from the truck shall be not less than 150 metres from the truck. (2) The Minister shall from time to time publish in one or more issues of the Royal Gazette the specifications of pylons that may be used as required by this Section, and the production of a copy of the Royal Gazette shall be prima facie evidence of the matters stated or represented in the specifications. R. S., c. 293, s. 141. Alternative to pot flame flare 142 Where by virtue of Section 140 or 141 a flare of the “pot flame” type is required to be used, a person may in lieu thereof use a red emergency reflector, lighted fuse or electrically operated red lantern. R. S., c. 293, s. 142. No stopping, standing or parking 143 (1) It shall be an offence for the driver of a vehicle to stop, stand or park the vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control signal or sign, in any of the following places: (a) within an intersection; (b) on or within 5 metres of a crosswalk; (c) between a safety zone and the adjacent curb or within 10 metres of points on the curb immediately opposite the ends of a safety zone, unless local or traffic authorities shall indicate a different length by signs or markings;

104 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(d) within 7. 5 metres from the intersection of curb lines, or, if none, then within 5 metres of the intersection of property lines at an intersection within a business or residence district, except at alleys; (e) within 10 metres upon the approach to any official flashing beacon, stop sign, yield sign, or traffic control signal located at the side of the roadway; (f) within 5 metres of the driveway entrance to any fire station; (g) within 5 metres of a fire hydrant; (h) in front of a private driveway; (i) on a sidewalk; (j) alongside or opposite any street or highway excavation or obstruction when the stopping, standing or parking would obstruct traffic; (k) on the roadway side of any vehicle stopped or parked at the edge or curb of a highway; (l) at any place where official traffic signs have been erected prohibiting standing and parking; (m) within 15 metres of the nearest rail of a railway cross-ing; (n) on the crest of a grade where the view of an approach-ing driver is obstructed. (2) It shall be an offence for the driver of a vehicle to park the vehicle, whether attended or unattended, in a bicycle lane, except in compliance with the directions of a peace officer. R. S., c. 293, s. 143; 2010, c. 59, s. 7. Passenger or loading zone 144 (1) The traffic authority may determine (a) the location of passenger zones; (b) the location of loading zones; (c) the days and hours when the passenger zones and load-ing zones shall be in effect, and may erect and maintain or cause to be erected and maintained appropriate signs indicating these zones and their effective times. (2) Unless the sign erected and maintained by the traffic authority indicates otherwise, a passenger zone or a loading zone shall be in effect from six o'clock in the morning to six o'clock in the afternoon on Monday through Friday except holidays.

R. S., c. 293 motor vehicle 105 NOVEMBER 9, 2023(3) It shall be an offence for the driver of a vehicle to stop, stand or park the vehicle in a place marked as a passenger zone for a period longer than is necessary for the expeditious loading or unloading of passengers. (4) It shall be an offence for the driver of a vehicle to stop, stand or park the vehicle in a place marked as a loading zone for a period of time longer than is necessary for the expeditious loading or unloading of passengers or materials and in no case shall the stop for loading or unloading of passengers or materials exceed thirty minutes. (5) It shall be an offence for the driver of a vehicle to stop, stand or park the vehicle in a passenger zone or loading zone if passengers or materials are not being loaded or unloaded. R. S., c. 293, s. 144. Parking by mobility disabled 145 (1) The Governor in Council may make regulations (a) defining “mobility-disabled person”; (b) respecting issuance of an identification permit to a mobility-disabled person; (ba) recognizing an identification permit or number plate bearing the international symbol of access issued by a province, state or country; (c) respecting the manner in which an identification per-mit shall be displayed on a vehicle; (d) respecting cancellation of an identification permit; (e) respecting signs to be used for the designation of accessible-parking zones. (2) The traffic authority may establish accessible-parking zones and every accessible-parking zone shall be designated by an approved sign. (3) A person who stops, leaves standing or parks a vehicle in an accessible-parking zone is guilty of an offence unless there is displayed on the vehi-cle an identification permit or number plate issued or recognized pursuant to the regulations. (4) Where a parking place on private property is marked for use by a mobility-disabled person, by an approved sign, a person who stops, leaves standing or parks a vehicle in the parking place is guilty of an offence unless there is displayed on the vehicle an identification permit or number plate issued pursuant to the regulations. (5) For the purpose of this Section, an identification permit or plate issued by a province or state which has a reciprocal agreement with the Prov-

106 motor vehicle R. S., c. 293 NOVEMBER 9, 2023ince respecting accessible parking is deemed to be an identification permit or num-ber plate issued pursuant to the regulations. (6) Regulations made pursuant to subsection (1) shall be regula-tions within the meaning of the Regulations Act. R. S., c. 293, s. 145; 1990, c. 36, s. 2; 1994-95, c. 12, s. 10. Bus stop or taxi stand 146 (1) The traffic authority is hereby authorized to establish bus stops, taxicab stands and hack stands on such highways in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, taxicab stand or hack stand shall be designated by appropriate signs. (2) It shall be an offence for the driver of any vehicle other than a bus to stand or park in any officially designated bus stop, or for any vehicle other than a taxicab to stand or park in an officially designated taxicab stand, or for any vehicle other than a hack to stand or park in an officially designated hack stand, except that the driver of any passenger vehicle may temporarily stop in any such stop or stand for the purpose of and while actually engaged in the loading or unload-ing of passengers. (3) Whenever the traffic authority has established bus stops, taxi-cab stands or hack stands as provided in this Section, it shall be an offence for the driver of any bus, taxicab or hack to stand or park upon any street in any business district at any place other than at a bus stop, taxicab stand or hack stand respec-tively, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers. R. S., c. 293, s. 146. Trolley coach stop 147 (1) The traffic authority shall establish such trolley coach stops on such highways, in such places and in such number as the Board of Commissioners of Public Utilities shall direct and every trolley coach stop shall be designated by appropriate signs. (2) It shall be an offence for the driver of any vehicle other than a trolley coach to stand or stop in any officially designated trolley coach stop, pro-vided, notwithstanding the prohibition in this subsection contained, the traffic authority may permit commercial vehicles to stop within the limits of any such trol-ley coach stop for the purpose of loading and unloading goods, wares, and merchan-dise from and to business premises abutting on any such trolley coach stop, on such terms and conditions as the traffic authority may determine. (3) For the purpose of this Section, “trolley coach” includes a bus operated in connection with a transit system that uses trolley coaches. R. S., c. 293, s. 147.

R. S., c. 293 motor vehicle 107 NOVEMBER 9, 2023Business or residence district or alley 148 (1) It shall be an offence for any driver to stop, stand or park a vehicle upon a highway, other than an alley, within a business or residence district, in such a manner or under such conditions as to leave available less than 3 metres of the width of the roadway for free movement of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signals of a peace officer. (2) It shall be an offence for any driver to park a vehicle within an alley in such a manner or under such conditions as to leave available less than 3 metres of the width of the roadway for the free movement of vehicular traffic. R. S., c. 293, s. 148. Private property 149 (1) No person shall leave a vehicle standing on property of which he is not the owner or tenant without the consent of the owner or tenant of the prop-erty. (2) When a peace officer is satisfied that a vehicle has been left standing on property for one hour or longer in violation of subsection (1), he may, on the request of the owner or tenant of the property, remove the vehicle and detain it until the expense of removal and detention are paid to him. R. S., c. 293, s. 149. Fire lane 150 (1) The traffic authority, with the permission of the owner of pri-vate property, may set apart an area of the private property as a fire lane and may cause signs to be erected and maintained designating the fire lane. (2) Where an area of private property is marked as a fire lane by an approved sign, a person who stops, leaves standing or parks a vehicle in the fire lane is guilty of an offence. R. S., c. 293, s. 150. Signs 151 The traffic authority is hereby authorized to erect and maintain signs prohibiting or restricting the parking or leaving standing of vehicles upon sections of the highway, and it shall be an offence for the driver of a vehicle to fail to comply with the directions set forth on those signs. R. S., c. 293, s. 151. Parking and parking meter regulations for city or town 152 (1) The traffic authority may make regulations prohibiting or restricting the parking or leaving standing of vehicles upon any highway or part thereof within the limits of the city or incorporated town for which the traffic authority is appointed. (2) Such regulations may provide a system whereby a person who is alleged to have violated the regulations is given notice of the alleged violation

108 motor vehicle R. S., c. 293 NOVEMBER 9, 2023and may pay a penalty of a fixed sum in lieu of prosecution but such payment shall be a full satisfaction, release and discharge of all penalties and imprisonments incurred by the person for the violation. (3) Such regulations may prohibit or restrict the parking or leav-ing standing of vehicles except in accordance with a sign or device on a parking meter. (4) The Governor in Council may exempt from the provisions of such regulations the stopping, parking or leaving standing of vehicles in respect of which identification permits have been issued pursuant to Section 145. (5) Such regulations shall come into force upon and not before the approval thereof by the Minister and the publication thereof within one month of the Minister's approval thereof, once in the Royal Gazette, and twice in a newspa-per circulating in such city or incorporated town, and the publication in the Royal Gazette shall be proof of approval by the Minister. (6) Such regulations shall remain in force only until the expiry date if any be mentioned therein or the date of repeal thereof by the traffic authority or the date of revocation thereof by the Minister, whichever of the three said dates shall occur first. (7) Notice of any such repeal shall be published forthwith in a newspaper circulating in such city or incorporated town and such repeal may be proved by production of a copy of any such newspaper containing such notice. (8) Notice of any such revocation shall be published forthwith in the Royal Gazette and such revocation may be proved by production of a copy of the Royal Gazette containing such notice. (9) Any person who violates any such regulation shall be liable for a first offence to a penalty of not more than five dollars and in default of pay-ment to imprisonment for a term of not more than two days, and for a subsequent offence to a penalty of not more than ten dollars and in default of payment to imprisonment for a term of not more than four days. R. S., c. 293, s. 152. Municipal parking meter by-law 153 (1) Notwithstanding Section 152, the council of a city, town or municipality may by by-law prohibit or restrict the parking or leaving standing of vehicles except in accordance with a sign or device on a parking meter. (2) Where the council of a city, town or municipality makes a by-law pursuant to subsection (1), (a) the traffic authority of the city or town shall not make parking meter regulations pursuant to Section 152;

R. S., c. 293 motor vehicle 109 NOVEMBER 9, 2023(b) the by-law may repeal or amend parking meter regula-tions theretofore made by the traffic authority; (c) the by-law may provide that a person commits a sepa-rate offence for each additional period of one hour that an offence continues; (ca) the by-law may provide that the owner of a motor vehi-cle shall incur the fine provided for a violation of the by-law unless at the time of such violation the motor vehicle was in the possession of some person other than the owner without the owner's consent, either expressed or implied, and may provide that the driver of a motor vehicle not being the owner shall also incur the fine provided for a violation of the by-law; (d) the by-law may provide the penalty for each offence; (e) the by-law may provide a system whereby a person who is alleged to have violated the by-law is given a notice of the alleged violation and may pay a penalty of a fixed sum in lieu of prosecution; (f) subsection (4) of Section 152 applies mutatis mutandis to the by-law. R. S., c. 293, s. 153; 1994-95, c. 12, s. 11; 1995-96, c. 22, s. 3. Exemption from parking restrictions 154 A council of a city, town or municipality may make a by-law exempt-ing persons or vehicles from parking restrictions within the city, town or municipal-ity and providing for permits to be issued to those who are exempted. R. S., c. 293, s. 154; 1995-96, c. 22, s. 4. Vehicle parking time limit 155 (1) It shall be an offence for the driver of a vehicle to park or leave standing the vehicle on any highway for a period of time longer than twenty-four hours. (2) It shall be an offence for any driver of a commercial motor vehicle having a registered weight in excess of 3,000 kilograms, to park or leave standing the vehicle on a highway within the limits of any city or incorporated town for a period of time longer than two consecutive hours in any one day. R. S., c. 293, s. 155. Allowable manner of stopping, standing or parking 156 (1) Except when necessary in obedience to traffic regulations or traffic signs or signals, the driver of a vehicle shall not stop, stand or park the vehi-cle in a roadway other than parallel with the edge of the roadway, headed in the direction of traffic, and with the curb-side wheels of the vehicle within 150 millime-tres of the edge of the roadway, except as provided in the following clauses:

110 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(a) upon those highways which have been marked or signed for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks or signs; (b) in places where, and at hours when, stopping for the loading or unloading of merchandise or materials is permitted, vehi-cles used for the transportation of merchandise or materials may back into the curb to take on or discharge loads, when the owner of such vehicle holds a permit granting him such special privilege, and pro-vided further that such permit shall be either in the possession of the driver or on the vehicle at the time such vehicle is backed against the curb to take on or discharge a load, and it shall be an offence for any owner or driver to violate any of the special terms or conditions of any such special permit. (2) Nothing in this Section shall prevent the driver of a vehicle from backing his vehicle into the curb for purposes of loading or unloading pro-vided that the vehicle remains in such position for a period of time not greater than fifteen minutes and provided that there is a clear and unobstructed width of not less than 4. 5 metres upon the main travelled portion of the said highway between the vehicle and the opposite curb or edge of the roadway for the free passage of other vehicles thereon. (3) The traffic authority shall determine upon what highways angle parking shall be permitted and shall mark or sign such highways or cause the same to be marked or signed. (4) The traffic authority is hereby authorized to issue to any owner of a vehicle used to transport merchandise or materials, a special permit, renewable annually, and to state therein the terms and conditions thereof, allowing the driver of such vehicle the privilege of loading and unloading while the vehicle is backed against the curb, if in the opinion of the traffic authority such privilege is reasonably necessary in the conduct of the owner's business and will not seriously interfere with traffic. R. S., c. 293, s. 156. Exemption for emergency vehicle 157 The provisions of this Act respecting the parking and standing of vehicles do not apply to a police or fire department vehicle or an ambulance when the vehicle or ambulance is being used in an emergency. R. S., c. 293, s. 157. Abandonment of vehicle 158 (1) Any person who wilfully abandons a motor vehicle or parts of a motor vehicle within the limits of a highway or upon property other than his own without the consent of the owner thereof for a period longer than twenty-four hours shall be guilty of an offence. (2) Any official of the Department or any peace officer upon dis-covery of a motor vehicle apparently abandoned, whether situated within or without

R. S., c. 293 motor vehicle 111 NOVEMBER 9, 2023a highway of this Province, or of a motor vehicle without proper registration or of a motor vehicle that apparently has been involved in an accident and that is a menace to traffic, shall take the motor vehicle into his custody and may cause the same to be taken to and stored in a suitable place. (3) There shall be no liability attached to such official or peace officer for any damages to such motor vehicle while in his custody. R. S., c. 293, s. 158. Parking of vehicle displayed for sale 159 (1) It shall be an offence for a person to park upon a highway a vehicle displayed for sale. (2) It shall be an offence for a person to park on a highway a vehi-cle for the primary purpose of displaying advertising. R. S., c. 293, s. 159. Unattended vehicle 160 (1) No person having control or charge of a motor vehicle shall allow the vehicle to stand on any highway unattended without first effectively set-ting the brakes thereon and stopping the motor of the vehicle, and when standing upon any perceptible grade without turning the front wheels of the vehicle to the nearest curb or side of the highway. (2) It shall not be a violation of this Section for a person having control or charge of a motor vehicle to allow it to stand unattended without first stopping the motor if the motor vehicle has tanks mounted upon it and the use of its motor is required for pumping liquids from those tanks for delivery and if the per-son having control or charge of it places adequate chocks against the rear wheels of the vehicle in addition to taking the precautions prescribed by this Section other than that of stopping the motor. R. S., c. 293, s. 160. MISCELLANEOUS TRAFFIC PROVISIONS Fire apparatus 161 (1) It shall be an offence for the driver of a vehicle other than one on official business to follow any fire apparatus travelling in response to a fire alarm closer than 150 metres or to drive into or park the vehicle within 150 metres of the place where fire apparatus has stopped in answer to a fire alarm. (2) No street car or vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway or street-car track, to be used at any fire or alarm of fire, without the consent of the fire mar-shal or fire department official in command. R. S., c. 293, s. 161. Coasting in neutral 162 The driver of a motor vehicle when travelling upon a down grade upon any highway shall not coast with the gears of the vehicle in neutral. R. S., c. 293, s. 162.

112 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Racing, parade or sporting event 163 (1) Any person who operates a motor vehicle on a highway in a race, in a contest, while performing a stunt or on a bet or wager shall be guilty of an offence. (2) Notwithstanding subsection (1), the Minister or a person des-ignated by the Minister may close a highway for the purpose of the conduct of a parade or sporting event upon the highway. (3) Notwithstanding any other provision of this Act or the regula-tions, the Minister or a person designated by the Minister may authorize a bicycle race upon a highway that has not been closed for that purpose, and the Minister or a person designated by the Minister may prescribe terms and conditions with which the participants in the bicycle race and the organizers must comply. R. S., c. 293, s. 163; 1999, c. 4, s. 26; 2007, c. 45, s. 11. Detention of vehicle and surrender and revocation of licence 163A (1) Where a peace officer is satisfied that a motor vehicle is being operated in the course of committing an offence contrary to Section 163, the peace officer shall (a) detain the motor vehicle until it is impounded under Section 273A; and (b) request that the person surrender the person's driver's license. (2) Upon a request being made under clause (1)(b), the person to whom the request was made shall forthwith surrender the person's license to the peace officer and, whether or not the person is unable or fails to surrender the per-son's driver's license to the peace officer, the person's driver's license is revoked and the person's driving privilege is suspended for a period of seven days from the time the request is made. (3) The suspension of a driver's license or the suspension of a driving privilege pursuant to this Section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances. (4) Where a driver's license is suspended or a driving privilege is suspended pursuant to this Section, the peace officer who requested the surrender of the driver's license shall (a) keep a written record of the suspension with the name and address of the person and the date and time of the suspension; and (b) provide the person with a written statement of the time at which the suspension takes effect, the length of the period during which the person's driver's license or driving privilege is suspended, the place where the driver's license may be recovered upon the termi-

R. S., c. 293 motor vehicle 113 NOVEMBER 9, 2023nation of the suspension and acknowledging receipt of the driver's license that is surrendered. 2007, c. 45, s. 12. Regulations 163B (1) The Governor in Council may make regulations (a) defining “race”, “contest” and “stunt” for the purpose of Section 163; (b) exempting any class of persons or vehicles from Sec-tion 163; (c) respecting any records or reports required by Section 163A. (2) The exercise by the Governor in Council of the authority con-tained in subsection (1) is regulations within the meaning of the Regulations Act. 2007, c. 45, s. 12. Driving on sidewalk 164 (1) Subject to subsections (2) and (3), the driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway. (2) Snow clearance equipment may be driven within any sidewalk area for the purpose of clearing snow or ice. (3) When operating a personal transporter on a sidewalk, the operator shall yield to all pedestrians not riding on a personal transporter. R. S., c. 293, s. 164; 2015, c. 46, s. 8. Driving into procession 165 (1) No person shall drive a vehicle or street car through or into a funeral procession or other lawful procession. (2) This Section shall not apply where traffic is controlled by traf-fic control lights or peace officers. R. S., c. 293, s. 165. Vehicle in public park 166 The traffic authority may erect and maintain signs in public parks or the entrances thereto, prohibiting any vehicle or class of vehicles from entering the public park, or regulating the speed of vehicles or their operation or parking, and it shall be an offence for any person to fail to comply with the directions displayed upon any such sign. R. S., c. 293, s. 166. Horse on highway or sidewalks 167 (1) No horse shall be left unattended in any highway unless securely fastened or unless the wheels of the vehicle to which he is harnessed are

114 motor vehicle R. S., c. 293 NOVEMBER 9, 2023securely tied, fastened or chained, and the vehicle is of sufficient weight to prevent it being dragged at a dangerous speed with the wheels so secured. (2) No horse shall be unbitted in any highway unless secured by a halter. (3) No person shall remove a wheel, pole, shaft, whiffletree, swinglebar, or any part of a vehicle or any part of a harness likely to cause an acci-dent if the horse starts, without first unhitching the horse or horses attached to the vehicle. (4) No person shall at any time fasten any horse or horses in such a manner that the tie rope, reins or lines shall be an obstruction to the free use of any sidewalk or crosswalk. (5) No horse shall be hitched or fastened to any shade tree or its protecting box or casing, nor to any water hydrant in any highway. (6) No person shall run or race a horse on a highway, whether the running, racing or trotting be for trial of speed or for the purpose of passing another horse or vehicle. (7) No person shall ride or lead a horse on any sidewalk except for the purpose of crossing the sidewalk. R. S., c. 293, s. 167. Unattended animal on highway 168 (1) The owner of a domestic animal, other than a cat or a dog, shall not permit the animal to be unattended on a highway. (2) In any prosecution under this Section, evidence that an animal is unattended on a highway is prima facie proof that its owner permitted it to be unattended on the highway. R. S., c. 293, s. 168. Riding on frame or clinging to moving vehicle 169 (1) It shall be an offence for a cyclist or the operator of a motorcy-cle, when upon the street to carry any other person upon the handlebar, frame or tank of any such vehicle or side-saddle on any such vehicle, or for any person to so ride upon any such vehicle. (2) It shall be an offence for any person travelling upon a bicycle, motorcycle, coaster, sled, roller skates, skis, or any toy vehicle to cling to or attach himself or his vehicle to any other moving vehicle or street car upon a highway or for the driver of any such moving vehicle or street car to allow or permit any such person to cling to or attach himself or his vehicle to said moving vehicle or street car. R. S., c. 293, s. 169; 2010, c. 59, s. 8; revision corrected.

R. S., c. 293 motor vehicle 115 NOVEMBER 9, 2023Headgear when riding motorcycle or motor scooter 170 (1) No person shall operate or ride as a passenger on a motorcycle or motor scooter on a highway unless he is wearing adequate protective headgear of a kind prescribed by regulation of the Governor in Council. (2) Regulations made under subsection (1) may adopt by reference or otherwise standards or specifications established or approved by the Canadian Standards Association or other testing organization with or without modifications or variations or may require that any headgear conform to the standards or specifica-tions established or approved by the Canadian Standards Association or other testing organization or bear the approval of the Canadian Standards Association or other testing organization. R. S., c. 293, s. 170. Helmet for bicycle, electric kick-scooter and personal transporter 170A (1) In this Section, “bicycle” includes any device designated to transport passengers and to be drawn by a bicycle and includes a personal trans-porter and an electric kick-scooter. (2) No person shall ride on or operate a bicycle unless the person is wearing a bicycle helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. (3) No parent or guardian of a person under sixteen years of age shall authorize or knowingly permit that person to ride on or operate a bicycle unless the person is wearing a bicycle helmet as required by subsection (2). (4) Every person who is sixteen years of age or older who violates a provision of this Section is guilty of an offence. (5) A peace officer may seize and detain, for a period not to exceed thirty days, a bicycle that is being ridden on or operated by a person not wearing a helmet as required by subsection (2). (6) The Governor in Council may make regulations (a) prescribing standards and specifications for helmets; (b) providing for and requiring the identification and marking of helmets; (c) exempting any person or class of persons from the requirements of this Section and prescribing conditions for exemp-tions. (7) The exercise by the Governor in Council of the authority con-tained in subsection (6) is regulations within the meaning of the Regulations Act. 1996, c. 35, s. 1; 2002, c. 10, s. 12; 2006, c. 37, s. 1; 2015, c. 46, s. 9; 2022, c. 21, s. 9.

116 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Helmet for scooter, skate board, in-line skates, roller skates, etc. 170B (1) No person shall ride on or operate a scooter, skate board, in-line skates, roller skates or other device prescribed by the regulations unless the per-son is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. (2) No parent or guardian of a person under sixteen years of age shall authorize or knowingly permit that person to ride on or operate a scooter, a skate board, in-line skates, roller skates or other device prescribed by the regula-tions unless the person is wearing a helmet as required by subsection (1). (3) For greater certainty, nothing in this Section authorizes any person to ride on or operate a scooter, a skate board, in-line skates, roller skates or other device prescribed by the regulations if otherwise prohibited by this Act or another enactment. (4) Every person who is sixteen years of age or older who violates a provision of this Section is guilty of an offence and liable on summary conviction to a fine of not less than twenty-five dollars. (5) A peace officer may seize and detain, for a period not to exceed thirty days, a scooter, a skate board, in-line skates, roller skates or other device prescribed by the regulations that is being ridden on or operated by a person not wearing a helmet as required by subsection (1). (6) The Governor in Council may make regulations (a) prescribing standards and specifications for helmets; (b) providing for and requiring the identification and marking of helmets; (c) prescribing devices for the purpose of this Section; (d) exempting any person or class of persons from the requirements of this Section and prescribing conditions for exemp-tions. (7) The exercise by the Governor in Council of the authority con-tained in subsection (6) is regulations within the meaning of the Regulations Act. 2002, c. 20, s. 3; 2006, c. 37, s. 2. Prohibited conduct on or place to ride bicycle 171 (1) A cyclist shall not allow the same to proceed in a highway by inertia momentum, with his feet removed from the pedals, nor shall a cyclist remove both hands from the handlebars while riding the bicycle nor practise any trick or fancy riding on a highway. (2) No person shall ride a bicycle, tricycle, or similar machine on a sidewalk, provided, nothing in this Section shall be deemed or construed to pre-

R. S., c. 293 motor vehicle 117 NOVEMBER 9, 2023vent the use of velocipedes or similar machines by children on a sidewalk in a pub-lic square, park, city or town. (3) Where a roadway has a bicycle lane for bicycles travelling in the same direction that a cyclist is travelling, the cyclist shall ride in the bicycle lane unless it is impracticable to do so. (4) A cyclist who is not riding in a bicycle lane shall ride as far to the right side of the roadway as practicable or on the right-hand shoulder of the roadway unless the cyclist is (a) in the process of making a left turn in the same manner as a driver of a motor vehicle, [;] (b) travelling in a rotary or roundabout, [;] (c) passing a vehicle on the vehicle's left, [;] or (d) encountering a condition on the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal or surface hazard that prevents the person from safely riding to the right side of the roadway; [. ] (5) A cyclist on a highway shall ride in the same direction as the flow of traffic. (6) Except when passing another cyclist, cyclists on a highway shall ride in single file. R. S., c. 293, s. 171; 2010, c. 59, s. 9; revision corrected. Designation of sidewalk as trail 171A Notwithstanding Section 171, a traffic authority appointed pursuant to Section 86 may (a) designate a sidewalk or any portion thereof as a trail; and (b) authorize and regulate the use of bicycles on such trails, and, for greater certainty, a sidewalk so designated is subject to all other provisions of this Act. 1997, c. 5, s. 1. Motor vehicle passing bicycle 171B (1) A driver of a vehicle shall not pass a bicycle travelling in the same direction as the vehicle that is being ridden to the far right of the driver of the vehicle on the roadway, on the shoulder or in an adjacent bicycle lane unless (a) there is sufficient space to do so safely; and (b) the driver leaves at least one metre open space between the vehicle and the cyclist.

118 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(2) Notwithstanding subsection 115(2), a driver of a motor vehi-cle may cross a line to pass a bicycle in accordance with subsection (1) if the driver can do so safely as required by Section 100. 2010, c. 59, s. 10. Roller skates or skate board 172 (1) Subject to subsection (2), it shall be an offence for a person upon roller skates or a skate board to go on a roadway except while crossing on a crosswalk or unless on a roadway authorized by the Minister. (2) The council of a city or an incorporated town may exempt from subsection (1) any roadway within that city or town that is not a highway to which the Public Highways Act applies. R. S., c. 293, s. 172. Operation of personal transporter 172A (1) Only one person at a time may be on a personal transporter while it is being operated. (2) A person operating a personal transporter shall stand when the personal transporter is in motion. (3) A personal transporter shall not tow another person or vehicle or any device. 2015, c. 46, s. 10. Restriction on operation 172B (1) A personal transporter shall not be operated on (a) a roadway with a posted speed limit greater than sixty kilometres per hour; (b) a controlled-access highway; (c) a highway on which bicycles or on which personal transporters are prohibited by this Act or the regulations; (d) on a specified sidewalk or roadway within a munici-pality if not part of a highway to which the Public Highways Act applies and prohibited by a municipal by-law; or (e) private property if it is prohibited. (2) Where a sidewalk or roadway within a municipality is not part of a highway to which the Public Highways Act applies, the municipality may make a by-law prohibiting the operation of a personal transporter on that sidewalk or roadway. (3) A personal transporter shall be operated (a) where a highway includes a sidewalk, on the sidewalk unless it is impracticable to do so;

R. S., c. 293 motor vehicle 119 NOVEMBER 9, 2023(b) where the highway does not include a sidewalk or where it is impracticable to operate the personal transporter on the sidewalk, on the roadway in a bicycle lane travelling in the same direction that the operator of the personal transporter is travelling; or (c) where the highway does not include a sidewalk or there is no bicycle lane for travelling in the same direction that the operator of the personal transporter is travelling or where it is imprac-ticable to operate the personal transporter on the sidewalk or in the bicycle lane, on the far right side of the roadway. (4) Subsections (2) and (3) of Section 127 and subsection (1) of Section 164 do not apply to personal transporters. (5) Except when passing a cyclist, an operator of another personal transporter or an operator of an electric kick-scooter, the operator of a personal transporter on a highway shall operate the personal transporter in a single file with bicycles, electric kick-scooters and other personal transporters. (6) The operator of a personal transporter shall not make a left turn on a roadway except by crossing the roadway in a crosswalk and, for greater certainty, Section 125 applies to the operator as a pedestrian. 2015, c. 46, s. 10; 2022, c. 21, s. 10. Operation of electric kick-scooter 172C (1) An operator of an electric kick-scooter shall not remove both hands from the handlebars while riding the electric kick-scooter nor practise any trick or fancy riding on a highway. (2) Where a roadway has a bicycle lane for bicycles travelling in the same direction that a cyclist is travelling, the operator of an electric kick-scooter shall ride in the bicycle lane unless it is impracticable to do so. (3) An operator of an electric kick-scooter who is not riding in a bicycle lane shall ride as far to the right side of the roadway as practicable or on the right-hand shoulder of the roadway unless the operator is (a) in the process of making a left turn in the same manner as a driver of a motor vehicle; (b) travelling in a rotary or roundabout; (c) passing a vehicle on the vehicle's left; or (d) encountering a condition on the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal or surface hazard that prevents the person from safely riding to the right side of the roadway. (4) An operator of an electric kick-scooter on a highway shall ride in the same direction as the flow of traffic.

120 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(5) Except when passing a cyclist, personal transporter or other electric kick-scooter, an operator of an electric kick-scooter on a highway shall ride in single file with bicycles, personal transporters and other electric kick-scooters. 2022, c. 21, s. 11. Operation of electric kick-scooter 172D (1) Only one person at a time may be on an electric kick-scooter while it is being operated. (2) A person operating an electric kick-scooter shall stand when the electric kick-scooter is in motion. (3) An electric kick-scooter shall not tow another person or vehi-cle or any device. (4) An electric kick-scooter being operated must be equipped with (a) a brake system that acts independently on the steerable wheel and the back wheel using separate hand levers; (b) an emergency stop switch to cut electrical supply to the motor in case of failure of the scooter's control system; (c) a battery with terminals that are completely insulated and covered and that is securely fastened to the electric kick-scooter to prevent movement while in motion; and (d) a headlamp and a rear light or reflector that meet the requirements set out in subsection 174(6). 2022, c. 21, s. 11. Restriction on operation 172E No person shall operate an electric kick-scooter (a) on a provincial highway; (b) on a highway on which bicycles, electric kick-scooters or per-sonal transporters are prohibited by this Act or the regulations; (c) on a highway if electric kick-scooters are not permitted by municipal by-law; (d) if prohibited by an official traffic sign; or (e) on private property if prohibited. 2022, c. 21, s. 11. Throwing object at vehicle or on highway 173 (1) No person shall throw any object at a motor vehicle or at a person in a motor vehicle or on a highway which may cause injury to such vehicle or to any person therein.

R. S., c. 293 motor vehicle 121 NOVEMBER 9, 2023(2) No person shall throw, deposit, or knowingly leave on a high-way any glass, nails, tacks, scraps of metal, or other materials that are liable to injure tires of motor vehicles. (3) Subsection (2) does not apply to a police officer when using hollow spike belts to stop a motor vehicle where other reasonable methods of pur-suit and apprehension have failed. (4) No person shall throw or otherwise deposit from any vehicle on the highway any litter, refuse, garbage, rubbish or other matter. (5) repealed 2002, c. 10, s. 13. (6) In addition to any other penalty imposed by this Act, a person who violates any of the provisions of subsection (1), (2) or (4) is liable for the expense of removing the litter, refuse, garbage or other objects or material. R. S., c. 293, s. 173; 2002, c. 10, s. 13; revision corrected. Selling or soliciting on a roadway 173A (1) No person, while on a roadway, shall stop, attempt to stop or approach a motor vehicle for the purpose of offering, selling or providing any com-modity or service to or soliciting the driver or any other person in the motor vehicle. (2) Subsection (1) does not apply to the offer, sale or provision of towing or repair services or any other commodity or service in an emergency. (3) Subsection (1) does not apply to fund-raising activities that are (a) permitted by a by-law of the municipality in which the activities are conducted; and (b) approved by the traffic authority responsible for the roadway on which the activities are conducted. 2007, c. 45, s. 13. EQUIPMENT Lights or reflector 174 (1) Except as provided in this Section, every vehicle upon a high-way within this Province during the period from a half hour after sunset to a half hour before sunrise and at any other time when visibility is so limited by fog, rain, snow or other atmospheric condition or by insufficiency of light as to render not clearly discernible any person on the highway at a distance of 300 metres ahead shall be equipped with lighted head lamps and lighted rear lamps as in this Section respectively required for different classes of vehicle and subject to exemption with reference to lights on parked vehicles as declared in subsection (10). (2) Every motor vehicle other than a motorcycle, road-roller, road machinery, or farm tractor shall be equipped with not fewer than two head lamps, at the front of and on opposite sides of the motor vehicle which head lamps shall com-

122 motor vehicle R. S., c. 293 NOVEMBER 9, 2023ply with the requirements and limitations set forth in Section 178 or any regulations that may be made under Section 200. (3) Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations set forth in Section 178 or any regulations that may be made under Section 200. (4) Every motor vehicle and every trailer or semi-trailer that is being drawn at the end of a train of vehicles shall be equipped at the rear with (a) a lamp that exhibits a red light plainly visible under normal atmospheric conditions from a distance of 150 metres to the rear of the vehicle, and that is so constructed and placed that the num-ber plate carried on the rear of the vehicle is, under the same condi-tions, so illuminated by a white light that it can be read from a distance of 15 metres to the rear of the vehicle; or (b) a lamp that exhibits a red light plainly visible under normal atmospheric conditions from a distance of 150 metres to the rear of the vehicle and a lamp that so illuminates with a white light the number plate carried on the rear of the vehicle that under the same conditions the number plate can be read from a distance of 15 metres to the rear of the vehicle. (5) Every vehicle, other than a standard passenger motor vehicle, road-roller, road machinery or farm tractor, having a width at any part in excess of 2 metres shall carry two clearance lamps on the left side of the vehicle, one located at the front and displaying a white or yellow light visible under normal atmospheric conditions, from a distance of 150 metres to the front of the vehicle, and the other located at the rear of the vehicle and displaying a red light visible under like condi-tions from a distance of 150 metres to the rear of the vehicle, a vehicle requiring clearance lamps hereunder may in lieu of such clearance lights be equipped with adequate reflectors conforming as to colour and marginal location to the require-ments for clearance lights, and of a type which has been approved by the Depart-ment, and no such reflector shall be deemed adequate unless it is so designed, located as to height and maintained as to be visible for at least 150 metres when opposed by a motor vehicle displaying lawful undimmed headlights at night on an unlighted highway. (6) Every bicycle, electric kick-scooter and personal transporter shall be equipped with a lighted lamp on the front thereof visible under normal atmospheric conditions from a distance of at least 100 metres in front of the bicycle or personal transporter and shall also be equipped with a reflex mirror or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least 60 metres to the rear of such bicycle or personal transporter. (7) All vehicles not heretofore in this Section required to be equipped with specified lighted lamps shall carry one or more lighted lamps or lan-terns displaying a white light visible under normal atmospheric conditions from a distance of not less than 150 metres to the front and rear of the vehicle or displaying

R. S., c. 293 motor vehicle 123 NOVEMBER 9, 2023white lights to the front and a red light to the rear, each visible under like conditions from a distance of not less than 150 metres from the vehicle. (8) The Department may by regulation permit a reflector of a type approved by the Minister to be substituted for the lighted lamps required by subsection (7). (9) The Department may by regulations permit a reflector of a type approved by the Minister to be substituted for the lighted lamps required by this Section on any vehicle engaged in transporting inflammable or explosive loads provided that the driver of the vehicle shall at all times mentioned in subsection (1) carry a special permit issued by the Registrar, setting forth the conditions under which the vehicle may be operated with reflectors in place of lights. (10) Whenever a vehicle is parked or stopped upon a highway whether attended or unattended during the times mentioned in subsection (1), there shall be displayed upon the vehicle one or more lamps one of which shall be on the roadway side and project a white, amber or yellow light visible under normal atmospheric conditions from a distance of 150 metres to the front of the vehicle and one of which lamps shall project a red light visible under like conditions from a dis-tance of 150 metres to the rear, except that no lights need be displayed upon a vehi-cle when parked upon a highway where there is sufficient light to reveal any person within a distance of 60 metres upon the highway. (11) A vehicle exceeding 7. 5 metres in length shall display a white marker light of not to exceed 4 candela, or a white reflector, meeting the require-ments as to visibility of subsection (4), on both the right and left sides, and any com-binations of vehicles exceeding 6 metres in length shall display on both the right and left sides such marker lights or reflectors at intervals of not to exceed 6 metres, and other vehicles may but are not required to display such marker lights or reflec-tors. R. S., c. 293, s. 174; 2015, c. 46, s. 11; 2022, c. 21, s. 12. Lighted headlamps or daytime running lights 174A (1) Notwithstanding Section 174, every motor vehicle equipped with one or more headlamps must be equipped with lighted daytime running lights or lighted headlamps at all times while being operated upon a highway within the Province. (2) Subsection (1) does not apply to a motor vehicle registered as an antique vehicle. 2008, c. 62, s. 2. Seat belts 175 (1) In this Section, (a) “child restraint system” means a child's car seat of a type prescribed for a child of a prescribed age, height or weight; (b) “prescribed” means prescribed by the regulations;

124 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(c) “seat belt” means the complete seat belt assembly or other restraint system for a seating position specified for the vehicle by the Motor Vehicle Safety Act (Canada) at the time the vehicle was manufactured, assembled or imported. (2) While a motor vehicle is being operated on a highway other than in reverse, the driver of the motor vehicle shall wear a seat belt if a seat belt is available to the driver. (3) No person shall operate a motor vehicle on a highway unless every passenger in the motor vehicle who is under sixteen years of age is secured (a) in the prescribed manner in a child restraint system, where the passenger is of an age, height or weight for which such a system is prescribed; or (b) where the passenger is not of an age, height or weight for which a child restraint system is prescribed, in a seat belt if a seat-ing position with a seat belt is available to that passenger. (4) While a motor vehicle is being operated on a highway, every passenger in the motor vehicle who is sixteen years of age or older shall wear a seat belt if a seating position with a seat belt is available to that passenger. (5) Every registered owner of a motor vehicle shall maintain all seat belts for the vehicle in good condition. (6) No person shall modify a seat belt in any way which reduces its effectiveness or remove a seat belt except for maintenance or if the seating posi-tion has been removed. (7) This Section does not apply to (a) a person who is unable to wear a seat belt or child restraint system because of the person's size, build or other physical characteristic, in respect of the use of a seat belt by that person; (b) a person who in the opinion of a legally qualified med-ical practitioner is unable to wear a seat belt or child restraint system for medical reasons, in respect of the use of a seat belt by that person; (c) a peace officer engaged in the lawful performance of his duty; (d) a fireman while in or on a vehicle of a fire fighting organization; (e) a driver operating a taxicab for hire, in respect of the use of a seat belt by the driver or a passenger; (f) a driver operating a public transit bus of a bus line ser-vice operated or subsidized by a municipality or a regional transit authority;

R. S., c. 293 motor vehicle 125 NOVEMBER 9, 2023(g) a medical attendant in an ambulance transporting a patient; (h) a person while engaged in work which requires the person to leave and enter his seating position in the vehicle at fre-quent intervals. (8) The Governor in Council may make regulations (a) approving a child's car seat and prescribing the manner in which a child is to be secured in it; (b) governing the type of child's car seat for children based on age, height or weight, or any combination of them; (c) adopting by reference, in whole or in part, any code, standard or specification respecting child restraint systems; (d) exempting from any of the provisions of this Section or the regulations made pursuant to this Section (i) any class of motor vehicle, (ii) any class of driver or passenger, or (iii) drivers carrying any prescribed class of passen-ger, and prescribing conditions for any such exemption. (9) Every person who contravenes a provision of this Section is guilty of an offence. R. S., c. 293, s. 175; 2002, c. 10, s. 14. Regulations respecting lighting equipment 176 The Governor in Council may make regulations prescribing or regu-lating the number, colour, type, strength, location, direction, focus, use and all other matters with reference to clearance lamps, reflectors, side-marker lamps and other lighting equipment to be fitted, carried or displayed by all or any class or classes of motor vehicle. R. S., c. 293, s. 176. Spot, fog, signal or brake lights 177 (1) Any motor vehicle may be equipped with not more than two spot lamps, except that a motorcycle shall not be equipped with more than one spot lamp, and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the beam will be directed to the left of the centre of the highway nor more than 30 metres ahead of the vehicle. (2) Any motor vehicle may be equipped with not more than two auxiliary driving lamps or fog lamps mounted on the front at a height not less than 300 millimetres above the level surface on which the vehicle stands, and every such lamp or lamps shall meet the requirements and limitations set forth in subsection (3) of Section 178.

126 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(3) All motor vehicles required to be registered under this Act except farm tractors shall be equipped with electric turn signals which shall indicate an intention to turn by flashing lights showing to the front and rear of a vehicle, or on a combination of vehicles, on the side of the vehicle or combination toward which the turn is to be made. (4) The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signalling, shall emit white or amber light, or any shade of light between white and amber. (5) The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signalling, shall emit a red or amber light, or any shade of colour between red and amber. (6) Turn signal lamps on vehicles 2. 05 metres or more in over-all width shall be visible from a distance of not less than 150 metres to the front and rear in normal sunlight. (7) Turn signal lamps on vehicles less than 2. 05 metres wide shall be visible a distance of not less than 100 metres to the front and rear in normal sun-light. (8) Turn signal lamps may, but need not be incorporated in other lamps on the vehicle. (9) All motor vehicles required to be registered under this Act shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red light visible from a distance of not less than 100 metres to the rear in normal sunlight, and which shall be actuated upon application of one braking sys-tem, and which may be incorporated with one or more other rear lamps. (10) Any device, other than head lamps, spot lamps or auxiliary lamps, which projects a beam of light of an intensity greater than 25 candela, shall be so directed that no part of the beam will strike the level of the surface on which the vehicle stands at a distance of more than 15 metres from the vehicle. R. S., c. 293, s. 177; revision corrected. Type of light 178 (1) The head lamps of motor vehicles shall be so constructed, arranged, and adjusted that, except as provided in subsection (3) they will at all times mentioned in Section 174 and under normal atmospheric conditions and on a level road produce a driving light that is colourless and sufficient to render clearly discernible a person 60 metres ahead, but shall not project a glaring or dazzling light to persons in front of the head lamp. (2) Head lamps shall be deemed to comply with the foregoing provisions prohibiting glaring and dazzling lights if none of the main bright portion of the head lamp beams rises above a horizontal plane passing through the lamp

R. S., c. 293 motor vehicle 127 NOVEMBER 9, 2023centres parallel to the level road upon which the loaded vehicle stands, and in no case higher than 1 metre 20 metres ahead of the vehicle. (3) Whenever a motor vehicle is being operated upon a highway, or a portion thereof, which is sufficiently lighted to reveal a person on the highway at a distance of 60 metres ahead of the vehicle it shall be permissible to dim the head lamps or to tilt the beams downward or to substitute therefor the light from an auxil-iary driving lamp or pair of such lamps, subject to the requirement that the tilted head lamp or auxiliary lamp or lamps shall give sufficient illumination under nor-mal atmospheric conditions and on a level road to render clearly discernible a per-son 25 metres ahead, but shall not project a glaring or dazzling light to persons in front of the vehicle, provided that at all times required in Section 174 at least two lights shall be displayed on the front of and on opposite sides of every motor vehicle other than a motorcycle, road-roller, road machinery or farm tractor. (4) On approaching another vehicle proceeding in an opposite direction on any highway the driver of a motor vehicle shall, when within not less than 150 metres of the other vehicle, dim or depress the beam from the headlights of his motor vehicle so that the main bright portion of the beam is not projected into the eyes of the driver of the other vehicle. (5) On approaching another vehicle proceeding in the same direc-tion on any highway the driver of a motor vehicle shall, while following within 60 metres of the other vehicle, dim or depress the beam from the headlights of his motor vehicle so that the main bright portion of the beam is not projected on the other vehicle. R. S., c. 293, s. 178. Red, blue or flashing lights 179 (1) No person shall drive or move on a highway a vehicle with a red light visible from directly in front of the vehicle unless the vehicle is (a) an ambulance or school bus; (b) a police, fire department or fire patrol vehicle; (ba) a public-safety vehicle; (c) a vehicle being used by the chief or deputy chief of a volunteer fire department when acting in an emergency arising from a fire or an accident; or (d) a vehicle being used by a conservation officer appointed pursuant to an enactment when the conservation officer is performing duties as a conservation officer. (1A) In this Section, “fire patrol vehicle” includes a fire suppres-sion or fire vehicle operated by the Department of Natural Resources and Renewa-bles. (2) In this Section, “red light” includes a red reflector or other device that gives or is capable of giving the effect of a red light.

128 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(3) No person shall drive or move on a highway a vehicle with a blue light visible in any direction unless the vehicle is a police vehicle, a public-safety vehicle used by a Bridges patrol officer or a sheriff or a vehicle being used by a conservation officer appointed pursuant to an enactment when the conservation officer is performing duties as a conservation officer. (4) In this Section, “blue light” includes a blue reflector or other device that gives or is capable of giving the effect of a blue light. (5) Subject to subsections (1) and (3), the display of flashing or revolving lights shall be permitted on vehicles driven upon a highway where the vehicle is (a) an ambulance; (b) a school bus; (c) a police vehicle; (d) a fire department or fire patrol vehicle; (da) a public-safety vehicle; (e) a vehicle being used by the chief or deputy chief of a volunteer fire department when acting in an emergency arising from a fire or an accident; (ea) a vehicle being used by a conservation officer appointed pursuant to an enactment when the conservation officer is performing duties as a conservation officer; (f) a motor vehicle service, repair or towing truck, which is equipped for lifting and towing vehicles, when being engaged on the highway for the purpose of rendering service to a disabled motor vehicle or when towing a motor vehicle away from an accident or place at which it became disabled; (g) a vehicle of the Department, a city or town that is being used in connection with the maintenance or repair of a highway or the removal of snow therefrom; (h) a vehicle transporting explosives; (i) a motor vehicle towing a wide trailer; or (j) a vehicle engaged in the construction, maintenance or repair of communication or power systems. (6) The flashing or revolving lights permitted under subsection (5) shall be designed to show only one color of light in all directions. (7) Flashing or revolving lights on vehicles operated upon a high-way are prohibited except as authorized or required by this Act or regulations made pursuant to this Act. R. S., c. 293, s. 179; 1993, c. 31, s. 1; 1994, c. 25, s. 1; 2014, c. 20, s. 9; O. I. C. 2018-188; O. I. C. 2021-210.

R. S., c. 293 motor vehicle 129 NOVEMBER 9, 2023Regulations respecting lighting equipment 180 The Governor in Council may prescribe rules and regulations regard-ing lighting equipment and the use of lights, supplementing or curtailing the preced-ing Sections regarding lighting equipment. R. S., c. 293, s. 180. Regulations respecting exterior vehicle equipment 180A (1) The Governor in Council may (a) prescribe rules and regulations respecting the use, pos-session, sale and design of exterior vehicle equipment; and (b) define any word or expression used in clause (a). (2) The exercise by the Governor in Council of the authority con-tained in subsection (1) is a regulation within the meaning of the Regulations Act. 2021, c. 8, s. 23. Brakes 181 (1) Every motor vehicle other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold the vehicle, having two separate means of application, each of which means shall be effective to apply brakes to at least two wheels, and so con-structed that no part which is liable to failure shall be common to the two. (2) Every motorcycle shall be equipped with at least one brake. (3) Every motorcycle shall be equipped with a braking system capable of being operated on not fewer than two wheels where the motorcycle was originally equipped with such a braking system or where the motorcycle was sold new after the first day of June, 1972. (4) All such brakes shall be maintained in good working order and shall conform to regulations which may from time to time be made by the Department, and any peace officer, or any officer appointed to carry out this Act may at any time inspect, or cause to be inspected the brakes of any motor vehicle on the highway, and may, if the brakes do not conform to the regulations of the Depart-ment, require the driver of the motor vehicle to proceed forthwith to make or to have brakes made to comply with those regulations. (5) Any combination of motor vehicle, trailer, semi-trailer or other vehicle shall be equipped with brakes upon one or more of the vehicles ade-quate to stop the combination of vehicles within the distance specified for motor vehicles under regulations that may be made by the Department, and the Depart-ment may, by regulations, require any type, class or weight of trailer or semi-trailer to be equipped with brakes to be approved by the Department. (5A) Subsection (5) does not apply to an implement of husbandry without motive power if the implement of husbandry exhibits a slow moving sign as required by Section 117 or the regulations.

130 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(5B) Notwithstanding anything contained in this Section, no person shall, upon a highway, propel or move at a speed greater than twenty kilometres per hour an implement of husbandry, unless the implement of husbandry can be stopped within ten metres when travelling at a speed of twenty kilometres per hour. (6) The Minister, with the approval of the Governor in Council, may make regulations respecting the standards for hydraulic brake fluid and making it an offence to sell, offer for sale, or possess hydraulic brake fluid that does not conform to the standards. R. S., c. 293, s. 181, 2006, c. 35, s. 3. Diesel engine enhanced braking system 181A (1) No person shall use a diesel engine enhanced braking system while operating a vehicle on a highway for which the speed limit is fifty kilometres per hour or less unless the use of the braking system is required by an emergency. (2) Subsection (1) does not apply to fire department or other emergency vehicles. 2000, c. 14, s. 1; 2001, c. 44, s. 4. Speedometer and odometer 182 Every motor vehicle originally equipped with a speedometer and an odometer shall be equipped with a speedometer and an odometer which work prop-erly. R. S., c. 293, s. 182. Radar-warning device 182A (1) In this Section, “radar-warning device” means any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of radar speed-measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of radar speed-measuring equipment. (2) No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains a radar-warning device. (3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that the police officer has reasonable grounds to believe is equipped with or carries or contains a radar-warning device contrary to subsection (2) and may seize and take away any radar-warning device found in or upon the motor vehicle. (4) Where a person is convicted of an offence pursuant to this Section, any device seized pursuant to subsection (3) by means of which the offence was committed is forfeited to His Majesty in right of the Province. (5) Subsection (2) does not apply to a person who is transporting radar-warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee.

R. S., c. 293 motor vehicle 131 NOVEMBER 9, 2023(6) repealed 2002, c. 10, s. 15. 1994-95, c. 12, s. 12; 2002, c. 10, s. 15. Horn, siren or bell 183 (1) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order, capable of emitting sound audible under normal conditions from a distance of not less than 60 metres, and such horns shall be sounded whenever it shall be reasonably necessary. (2) Every police department and fire department vehicle and every ambulance used for emergency calls shall be equipped with a bell, siren or exhaust whistle. (3) A vehicle used by the chief or deputy chief of a volunteer fire department, when acting in an emergency arising from a fire or an accident, may be equipped with a bell, siren or exhaust whistle. (3A) A vehicle being used by a conservation officer appointed pur-suant to an enactment, when the conservation officer is performing duties as a con-servation officer, may be equipped with a bell, siren or exhaust whistle. (3B) A fire suppression or fire vehicle operated by the Department of Natural Resources and Renewables, used in an emergency arising from a fire or accident, may be equipped with a bell, siren or exhaust whistle. (3C) A public-safety vehicle may be equipped with a siren. (3D) The driver of a vehicle authorized to be equipped with a bell, siren or exhaust whistle pursuant to this Section, other than a police vehicle, is only authorized to use the bell, siren or exhaust whistle in an emergency situation or as directed by a peace officer. (4) It shall be an offence, except as otherwise provided in this Section, for any vehicle to be equipped with, or for any person to use upon a vehi-cle, any bell, siren, compression or exhaust whistle, or for any person, at any time, to use a horn otherwise than as a reasonable warning or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device. (5) Every bicycle shall be equipped with a bell or horn in good working order, and it shall be an offence for any person to install or use upon a bicy-cle any siren or whistle. (5A) Every personal transporter shall be equipped with a bell or horn in good working order and the operator of a personal transporter shall use it to give notice of its approach, including overtaking, on a roadway or a sidewalk.

132 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(5B) Every electric kick-scooter shall be equipped with a bell or horn in good working order and the operator of an electric kick-scooter shall use it to give notice of its approach, including overtaking on a roadway or a sidewalk, if permitted. (6) Every vehicle on runners drawn by a horse or other animal on a highway, shall carry at least two bells attached to the harness or to the vehicle in such a manner as to give ample warning sound and capable of being heard under normal conditions from a distance of not less than 60 metres. R. S., c. 293, s. 183; 1993, c. 31, s. 2; 1994, c. 25, s. 2; 2014, c. 20, s. 10; 2015, c. 46, s. 12; O. I. C. 2018-188; O. I. C. 2021-210; 2022, c. 21, s. 13. Mirror, windshield or television 184 (1) Every motor vehicle shall be equipped with a mirror securely attached to the vehicle and so located as to reflect to the driver a view of the high-way from a distance of at least 60 metres to the rear of the vehicle. (2) Where the view afforded by the mirror required under subsec-tion (1) is obstructed or interfered with by a trailer attached to the motor vehicle, the construction or the loading of the motor vehicle, an outside rear-vision mirror shall be attached to each side of the motor vehicle and placed in such a position as to afford the driver a clear view to the rear of at least 60 metres on each side of the vehicle, but no vehicle shall continue to be so equipped with such mirror where the view ceases to be obstructed or interfered with by a towed vehicle or load. (3) Every motor vehicle operated on a highway, except a motor-cycle, construction equipment or farm equipment, shall be equipped with a wind-shield. (4) No person shall on any highway drive a motor vehicle when there is in or upon the windshield, sidewings, side or rear windows, or the openings for the same or any of them, any sign, poster or other nontransparent material other than a certificate, sticker or other device required by or pursuant to this Act to be displayed thereon or a sticker approved by the Minister that is positioned as directed by the Minister. (5) No person shall drive on a highway a motor vehicle having attached therein or thereon any ornament, decoration, novelty or other thing that is so located that it obstructs or is likely to obstruct the vision or distract the attention of the driver of the vehicle. (6) Every windshield on a motor vehicle being driven on a high-way shall be equipped with a device for clearing rain, snow, or other moisture there-from, which device shall be so constructed as to be controlled or operated by the driver of the vehicle and shall be kept in operation whenever necessary. (7) No person shall drive on a highway a motor vehicle equipped with a television viewer, screen or other means of visually receiving a television

R. S., c. 293 motor vehicle 133 NOVEMBER 9, 2023broadcast that is located in the vehicle at a point forward of the back of the driver's seat or that is visible to the driver while he is operating the vehicle. R. S., c. 293, s. 184. Flag or light at end of load 185 Whenever the load of a vehicle extends more than 1 metre beyond the rear of the bed or body thereof, there shall be displayed at the end of the load in such position as to be clearly visible at all times from the rear of the load a red flag not less than 300 millimetres both in length and width, except that between one half hour after sunset and one half hour before sunrise there shall be displayed at the end of any such load a yellow or red light plainly visible under normal atmospheric con-ditions at least 60 metres from the rear of the vehicle or a reflector as provided in Section 174. R. S., c. 293, s. 185. Truck with open tail gate 186 No person shall drive on a highway a commercial motor vehicle with the tail-board of the vehicle open or in a horizontal position unless the tail-board is then required for the support of all or part of the load that is being carried in the vehicle. R. S., c. 293, s. 186. Muffler or fumes 187 (1) Every motor vehicle shall at all times be equipped with a muf-fler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, by-pass or similar device upon a vehicle on a highway. (2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. R. S., c. 293, s. 187. Excessive noise 188 No person shall start, drive, turn or stop any motor vehicle, or accel-erate the vehicle engine while the vehicle is stationary, in a manner which causes any loud and unnecessary noise in or from the engine, exhaust system, braking sys-tem or from the contact of the tires with the roadway. R. S., c. 293, s. 188. Personal transporter damaged or modified 189 No person shall operate a personal transporter that (a) is not in good working order; (b) is missing a component, equipment or other feature that was part of the personal transporter when it was manufactured or that is required by this Act or has such feature rendered wholly or partly inoperable; or (c) has been modified after it is manufactured except to attach a basket, bag or similar accessory or to add equipment required by this Act. 2015, c. 46, s. 13.

134 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Electric kick-scooter damaged or modified 189A No person shall operate an electric kick-scooter that (a) is not in good working order; (b) is missing a component, equipment or other feature that was part of the electric kick-scooter when it was manufactured or that is required by this Act or has such feature rendered wholly or partly inoperable; (c) has been modified after it is manufactured except to attach a basket, bag or similar accessory or to add equipment required by this Act; (d) has pedals attached to it; (e) has a seat or structure that could be used as a seat; or (f) has any structure to enclose the electric kick-scooter. 2022, c. 21, s. 14. More than one trailer or towing 190 (1) A motor vehicle shall not be operated upon any highway drawing or having attached thereto more than one other vehicle, without written permission from the Registrar. (2) The draw bar or other connection between any two vehicles, one of which is towing or drawing the other on a highway, shall not exceed 5 metres in length from one vehicle to the other, except that the connection between any two vehicles transporting poles may exceed 5 metres but shall not exceed 8 metres, and whenever such connection consists of a chain, rope or cable there shall be displayed upon the connection a red flag or other signal or cloth not less than 300 millimetres both in width and length. R. S., c. 293, s. 190. Weights and loads 191 (1) Subject to the approval of the Governor in Council, the Minis-ter may make regulations (a) governing the weight of any vehicle or class of vehicle which may be operated on a highway, the weight of the load which may be carried by such vehicle and the combined weight of any such vehicle, and the load carried by it, and the ascertaining of the weight of such load and the vehicle; (aa) prescribing the maximum length, width and height of vehicles or a combination of vehicles; (ab) respecting equipment attached to a vehicle and loads on a vehicle; (ac) respecting the internal dimensions of vehicles and combinations of vehicles; (ad) respecting special permits for the operation of a vehi-cle that does not conform with the regulations;

R. S., c. 293 motor vehicle 135 NOVEMBER 9, 2023(ae) incorporating by reference standards relating to vehicle weights and dimensions; (b) prescribing special conditions subject to which any such vehicle or class of vehicle may be operated on a highway; (c) requiring that any such vehicle or class of vehicle shall be furnished with and display a special weight plate or plates in addi-tion to any other plates in this Act required to be furnished to and dis-played by any such vehicle or class of vehicle; (d) prescribing the size and design of any such special weight plate or plates and the words, letters and figures to be shown thereon, the manner in which such weight plate or plates are to be fas-tened to any such vehicle or class of vehicle and any other conditions with respect to the furnishing, use and display of such special weight plate or plates; (e) respecting the use of any vehicle or class of vehicle on a highway or any part thereof during the whole or any portion or por-tions of a year; (f) prescribing special conditions applicable to the trans-portation of dangerous goods in motor vehicles upon the highway, which may incorporate in whole or in part regulations made pursuant to an Act of the Parliament of Canada; (g) prescribing penalties for the violation of such regula-tions; (h) prescribing the classes of highways to which such reg-ulations or any of them apply. (1A) The Minister may make regulations prescribing highways or portions of highways that are included in any of the classes of highways that are prescribed in regulations made pursuant to subsection (1). (2) A person, who violates any regulation made under subsec-tion (1) limiting the weights or axle weights of vehicles, shall pay, in addition to any other penalty prescribed by this Act or the regulations, a further penalty of (a) one dollar and twenty-five cents for each 50 kilograms by which the weight or the overweight of the vehicle exceeds the weight limit fixed by the regulation by not more than 2,500 kilograms or ten dollars, whichever amount is greater; (b) two dollars and fifty cents for each 50 kilograms by which the weight or the axle weight of the vehicle exceeds the said weight limit by more than 2,500 kilograms but by not more than 5,000 kilograms; (c) three dollars and seventy-five cents for each 50 kilo-grams by which the weight or the axle weight of the vehicle exceeds

136 motor vehicle R. S., c. 293 NOVEMBER 9, 2023the said weight limit by more than 5,000 kilograms but by not more than 7,500 kilograms; and (d) ten dollars for each 50 kilograms by which the weight or the axle weight of the vehicle exceeds the said weight limit by more than 7,500 kilograms, and, in default of payment of the said penalty, to imprisonment for not more than six months. (3) For the purposes of calculating a penalty under subsection (2), a fraction of 50 kilograms that is greater than one half shall be counted as 50 kilo-grams. (4) The exercise by the Minister of the authority contained in sub-sections (1) and (1A) is regulations within the meaning of the Regulations Act. R. S., c. 293, s. 191; 1990, c. 36, s. 4; 1994-95, c. 12, s. 14; 2001, c. 12, s. 6; 2010, c. 21, s. 1. Requirement for vehicle to be weighed 192 (1) Any peace officer having reason to believe that the weight of a vehicle and load is in excess of the maximum permitted by any regulations made under this Act, the Public Highways Act or any Act or regulation is authorized to weigh the vehicle either by means of portable or stationary scales, and may require that the vehicle be driven to the nearest scales, in the event such scales are within a distance of 8 kilometres. (2) The officer may then require the driver to unload immediately such portion of the load as may be necessary to decrease the gross or axle weight of the vehicle to the maximum therefor specified in the regulations. (3) In lieu of proceeding to such scales, the weight of the load may be determined by a portable weighing device provided by the peace officer and it shall be the duty of the driver of the vehicle to facilitate the weighing of the vehi-cle and load by any such device. (4) Any driver who, when so required to proceed to such scales or to assist in the weighing of a vehicle in his charge, refuses or fails to do so shall be guilty of an offence. R. S., c. 293, s. 192. Proof of scale reading as prima facie evidence 193 In a prosecution proof of the reading of any scale or weighing device is prima facie evidence of the accuracy of the scale or weighing device and of the reading. R. S., c. 293, s. 193. Temporary weight restriction or truck route 194 (1) Local authorities may by resolution prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles, for a total period of not more than ninety days in any one calendar year, when operated

R. S., c. 293 motor vehicle 137 NOVEMBER 9, 2023upon any highway under the jurisdiction of and for the maintenance of which such local authorities are responsible, whenever any said highway by reason of deteriora-tion, rain, snow or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. (2) When local authorities have made any such resolution the traf-fic authority may erect or cause to be erected and maintained signs designating the provisions of the resolution at each end of that portion of any highway affected thereby, and the resolution shall not be effective until or unless such signs are erected and maintained. (3) Local authorities may also, by resolution, prohibit or regulate the operation of trucks or other commercial vehicles at all times or between speci-fied hours, or impose limitations as to the weight thereof on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways. (4) Local authorities may by by-law limit the operation of trucks or other commercial vehicles, by class, weight or otherwise, to certain designated highways at all times or between specified hours and may prohibit or regulate the operation of these trucks or other commercial vehicles upon any highway and at any time not so designated except for purposes specified in the by-law. (5) Where a local authority has designated highways pursuant to subsection (4), it shall cause appropriate signs to be placed on the designated high-ways. (6) This Section shall not apply to any main travelled or through highway passing through a city or town unless permission has first been obtained from the Minister. (7) The Minister may determine what constitutes a main travelled or through highway and may designate any highway as a main travelled highway or a through highway. R. S., c. 293, s. 194. Regulation of trucks by Provincial Traffic Authority 195 The Provincial Traffic Authority, with the approval of the Minister, may make regulations relating to the operation of trucks and other commercial vehi-cles upon highways within its jurisdiction to the same extent as a local authority may regulate such vehicles under Section 194. R. S., c. 293, s. 195. Application of Sections 194 and 195 to trucks 196 The provisions of Sections 194 and 195 do not apply to trucks having a registered weight of three thousand kilograms or less. R. S., c. 293, s. 196.

138 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Powers of peace officer 196A (1) A peace officer may stop and detain a commercial motor vehi-cle for the purpose of determining whether a by-law made pursuant to Section 194 or a regulation made pursuant to Section 195 has been contravened and, for that purpose, may require the operator of the vehicle to produce a bill of lading or other document. (2) A peace officer may examine and make copies and extracts of any document referred to in subsection (1). 1996, c. 34, s. 4. Transportation of dangerous goods 197 (1) In this Section, “dangerous goods” means dangerous goods as defined in the Dangerous Goods Transportation Act. (2) Subject to any regulations under subsection (1) of Section 191, a local authority may by resolution with respect to any highway under the jurisdic-tion of and for the maintenance of which such local authority is responsible (a) designate the route and time of travel of vehicles trans-porting dangerous goods; and (b) prohibit the carriage of dangerous goods on any high-way specified in the resolution. (3) Subject to any regulations under subsection (1) of Section 191, the Provincial Traffic Authority may make regulations with respect to any highway within its jurisdiction (a) designating the route and time of travel of vehicles transporting dangerous goods; and (b) prohibiting the carriage of dangerous goods on any highway specified in the regulations. (4) A resolution or regulation under subsection (2) or (3) shall not be effective until it is approved by the Minister. (5) Where a local authority or the Provincial Traffic Authority has made a resolution or regulation under subsection (2) or (3), the local authority or Provincial Traffic Authority respectively may cause appropriate signs to be placed on the route or highway specified in the resolution or regulation. R. S., c. 293, s. 197. Solid rubber, metal or studded tires 198 (1) Every solid rubber tire on a vehicle moved on any highway shall have rubber on its entire traction surface at least 25 millimetres thick above the edge of the flange of the entire periphery, and no motor vehicle, trailer or semi-trailer having any steel or other metal tire in contact with the roadway shall be oper-ated on any highway.

R. S., c. 293 motor vehicle 139 NOVEMBER 9, 2023(2) Unless permitted by regulations, no tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway, and except also that it shall be permissible to use tire chains of reasonable propor-tions upon any vehicle when required for safety because of snow, ice or other condi-tions tending to cause a vehicle to slide or skid. (3) The traffic authority may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery. (4) The Governor in Council may make regulations permitting the use on a highway of tires of one or more of the types referred to in subsection (2) that conform to specifications set out in the regulations and prescribing the terms and conditions under which they may be used. R. S., c. 293, s. 198. Dropping contents of vehicle and mudguards 199 (1) No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent its contents from dropping, shifting, leaking or otherwise escaping therefrom. (2) Every motor vehicle and every trailer shall be equipped with mudguards, fenders or flaps adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear of the vehicle or trailer, unless the spray or splash is effectively reduced by the body of the vehicle or trailer or by a trailer drawn by the vehicle. (3) The Governor in Council may make regulations (a) respecting the securing of loads on vehicles; (b) adopting by reference a document or incorporating by reference, as amended from time to time, any Act of the Parliament of Canada or regulations made pursuant to such an Act or any classi-fication, standard, procedure or other specification. R. S., c. 293, s. 199; 2004, c. 42, s. 11. Regulations respecting equipment 200 (1) The Governor in Council may make regulations (a) requiring the use or incorporation of any equipment, material or device, in or on any vehicle, that may affect the safe oper-ation of the vehicle on the highway or that may reduce or prevent injury to persons in a vehicle on a highway or to persons using the highway, and prescribing the specifications thereof;

140 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(b) designating any equipment, material or device and des-ignating an organization to test and mark its approval of any equip-ment, material or device so designated, and prohibiting the incorporation or use in or on a vehicle of any equipment, material or device so designated that is not marked as approved by the testing organization; (c) prohibiting the sale or use of any equipment, material or device. (2) Regulations made under subsection (1) may adopt by refer-ence or otherwise standards or specifications established or approved by the Cana-dian Standards Association or other testing organization with or without modifications or variations or may require that any equipment conforms to the standards or specifications established or approved by the Canadian Standards Association or other testing organization or bear the approval of the Canadian Standards Association or other testing organization. (3) Any person who violates a provision of any regulations made under this Section is guilty of an offence. R. S., c. 293, s. 200; 2002, c. 10, s. 16. Vehicle inspection 201 (1) No person shall conduct, maintain, operate, manage or hold himself or herself out as operating an official testing station unless the person is licensed to do so and the license has not expired or been cancelled or suspended. (2) A person may apply to the Minister, in the manner prescribed by the regulations, for a license to operate an official testing station. (2A) Subject to this Act and the regulations, the Minister may issue or renew a license and the license is valid for the person, location and type of vehi-cle indicated on the license. (2B) The Minister or a person designated by the Minister may can-cel, suspend or refuse to issue or renew a license if the Minister or a person desig-nated by the Minister is satisfied that the licensee or an agent or employee of the licensee has violated this Act or the regulations. (2C) A license is cancelled when the licensee ceases to operate or own the official testing station for which the license was issued. (3) The Minister may from time to time order that any vehicle or class or classes of vehicles or all vehicles be tested at official testing stations at such time or times or within such time or times as the Minister prescribes and may give notice of any order by publishing a copy of the order in the Royal Gazette. (4) Notwithstanding subsection (3), the Minister may from time to time order that any vehicle or class of vehicle be tested by an inspector under the

R. S., c. 293 motor vehicle 141 NOVEMBER 9, 2023Motor Carrier Act at such time or times and within such time or times as the Minis-ter prescribes. (5) Notice of an order made pursuant to subsection (4) may be given by publishing a copy of the order in the Royal Gazette. (6) The Registrar, a motor vehicle inspector or a peace officer may order the owner or driver of a vehicle to take the vehicle forthwith to an official testing station and to have the equipment of the vehicle or such part of the equip-ment as is prescribed by the Registrar, inspector or officer tested at the station and to have repaired any equipment that upon testing is found not to comply with any requirements of this Act or the regulations. (7) With the approval of the Governor in Council, the Minister may make regulations (a) prescribing minimum standards of premises and equip-ment and other requirements to be possessed by official testing sta-tions; (b) prescribing the qualifications to be possessed by per-sons employed as testers at official testing stations; (c) respecting the nature and scope of tests and inspections to be made at official testing stations; (d) respecting the duties of persons making tests and inspections; (e) prescribing the records to be kept and the reports and returns to be made by operators of official testing stations; (f) prescribing the fees to be charged for tests and inspec-tions made at official testing stations; (g) prescribing the design, form and content of certificates, stickers and other documents to be used or issued by licensees and employees of official testing stations and the fees or charges payable to the Department for supplying forms of certificates, stickers or doc-uments; (h) requiring the issue of certificates or stickers following the testing or inspection of vehicles; (i) requiring owners and operators of vehicles to display certificates or stickers issued at official testing stations and prescrib-ing the time or times and manner in which they shall be displayed; (j) requiring owners and operators of vehicles to have their vehicles repaired or the equipment of their vehicles brought into conformity with the requirements of this Act and the regulations;

142 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(k) prohibiting the operation of vehicles having equipment that has not been certified at an official testing station to be in con-formity with any requirement of this Act or the regulations; (l) prohibiting the operation of vehicles that do not bear evidence of having been tested at an official testing station; (m) establishing official testing stations and designating a garage as an official testing station; (n) prescribing the duration of licenses issued pursuant to this Section and requiring the payment of annual or other periodic fees by licensees; (o) prescribing the manner and fees for applying for a license; (p) prescribing the term and fees for a tester's license; (q) respecting the duties of persons who have been issued a license to operate an official testing station; (r) permitting the recognition of an out-of-Province inspection sticker or certificate based upon a reciprocal agreement; (s) prescribing the requirements of a person applying for a license; (t) incorporating by reference any classification, standard, procedure or other specification relating to motor vehicle inspections as it is amended from time to time; (u) prescribing penalties for a violation of the regulations made pursuant to this Section. (8) Every person who operates an official testing station without a license is guilty of an offence. (9) Every person who fails to have the person's vehicle inspected or repaired as required by subsection (6) is guilty of an offence. R. S., c. 293, s. 201; 2001, c. 12, s. 7; 2002, c. 10, s. 17; 2004, c. 42, s. 12. EMERGENCY REGULATIONS Emergency or special conditions or flammable cargo 202 (1) The traffic authority is hereby empowered to make and enforce temporary regulations to cover emergencies or special conditions. (2) Such regulations may prohibit or restrict the parking of vehi-cles between the fifteenth day of November and the fifteenth day of April. (3) The traffic authority is hereby empowered to make and enforce regulations not inconsistent with this Act or any Act of the Parliament of

R. S., c. 293 motor vehicle 143 NOVEMBER 9, 2023Canada respecting the movements, parking, loading and storage of vehicles carry-ing explosives or other flammable cargo. (4) A copy of any regulations made under this Section shall be immediately forwarded to the Provincial Traffic Authority and shall be subject to cancellation at any time by the Minister. R. S., c. 293, s. 202. PART VI FINANCIAL RESPONSIBILITY OF OWNERS AND DRIVERS Preservation of remedies 203 (1) Nothing in Sections 204 to 246 shall prevent the plaintiff in any action from proceeding upon any other remedy or security available at law. (2) Sections 204 to 246 shall only apply to offences and violations of law committed and to convictions and judgments arising out of motor vehicle accidents occurring, and to motor vehicle liability policies issued or in force, after the first day of September, 1932. R. S., c. 293, s. 203. Liability insurance card 204 (1) Every insurer that issues an owner's or driver's policy shall, at the time of issue thereof, also issue and deliver to the named insured a card, to be known as “a motor vehicle liability insurance card”, and shall on request by the named insured issue and deliver to him an additional card, being a copy of the card delivered to him, for each person who commonly drives the motor vehicle, if any, in respect of which the policy is issued. (2) The card issued under this Section shall be in a form approved by the Registrar and shall set forth such particulars as he may prescribe. (3) The cards may be supplied to insurers by the Registrar in such quantity as he considers requisite, and no insurer shall issue a card that is not in a form approved by the Registrar. (4) The Registrar may supply cards to an insurer that issues own-ers' policies outside the Province for issue in respect of such policies, but (a) in the case of an insurer that is licensed to carry on in the Province the business of automobile insurance, every card issued by it shall show that the policy thereon mentioned provides insurance coverage for the purposes and to amounts not less than those men-tioned in Section 125 of the Insurance Act ; and (b) in the case of an insurer that is not so licensed, before any such cards are issued the insurer shall comply with the provisions of subsection (4) of Section 236.

144 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(5) Before supplying cards to an insurer pursuant to subsection (4), the Registrar shall require the insurer to file with him an undertaking that it will issue cards only to persons who are non-residents of the Province and who are insured under policies that are owners' policies within the meaning of this Act. R. S., c. 293, s. 204. Suspension of license and permit 205 (1) The Registrar or, in his absence or incapacity, the Director of Highway Safety shall forthwith suspend the driver's license or privilege of obtain-ing a driver's license and owner's permit or permits of every person who has been convicted of or who has forfeited his bail after arrest on a charge of any of the fol-lowing offences, namely: (a) any offence against Sections 101, 102 or 104 if injury to a person or property occurs in connection therewith; (b) an accident having occurred, failing to remain at, or return to the scene of the accident in violation of Section 97; (c) an offence against Section 230; (d) such offence against public safety on highways as may be designated by the Governor in Council. (2) Upon receipt by the Registrar of official notice that the holder of a driver's license or privilege of obtaining a driver's license or owner's permit under this Act, has been convicted, or forfeited his bail, in any other province or state in respect of an offence, which, if committed in the Province would have been, in substance and effect, an offence under, or a violation of the provisions of law mentioned in subsection (1), the Registrar shall suspend every driver's license or privilege of obtaining a driver's license and owner's permit or permits, of such per-son issued pursuant to this Act. (3) Every license or privilege of obtaining a driver's license and every permit suspended pursuant to this Section shall remain so suspended, and shall not thereafter be renewed, nor shall any new license be thereafter issued to, or a permit for the same or any other motor vehicle be thereafter issued to a person so convicted or who has so forfeited his bail until he has satisfied any penalty imposed by the court in respect of such offence, and until two years have elapsed from the date of the suspension or until he has given proof of financial responsibility to the satisfaction of the Registrar or until his conviction has been quashed. (4) If any person to whom subsection (1) applies is not a resident of the Province, the privilege of operating a motor vehicle within the Province, and the privilege of operation within the Province of a motor vehicle owned by him, is suspended and withdrawn forthwith, by virtue of such conviction or forfeiture of bail, until he has given proof of financial responsibility, provided that the judge of the provincial court or justice of the peace before whom the person was charged may, in his discretion, by a written permit signed by him, authorize the operation of

R. S., c. 293 motor vehicle 145 NOVEMBER 9, 2023such motor vehicle to the boundaries of the Province by such route and by such per-son as the permit may describe. (5) The giving by any person of proof of financial responsibility pursuant to subsection (3) shall not alter or affect in any way any disqualification to hold a license or a suspension or cancellation of a driver's license, or of a registra-tion of a motor vehicle under any other provision of this Act. (6) Where proof of financial responsibility is required to be given by any person, it shall be given by him to the Registrar except where it is by this Act expressly required to be given to some other person. R. S., c. 293, s. 205. Financial responsibility card 206 (1) Where a person (a) gives proof of financial responsibility to the amounts and in any of the forms mentioned in Sections 235 and 236; or (b) being a corporation produces to the Registrar a certifi-cate issued by the Superintendent of Insurance for the Province showing that (i) the corporation maintains a separate insurance fund for the purpose of satisfying therefrom, inter alia, liabili-ties it may incur resulting from bodily injury to, or the death of, any person or damage to property occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by the corporation, and (ii) in the opinion of the Superintendent, the insur-ance fund is adequate to satisfy all such liabilities that the cor-poration is likely to incur, subject, for each motor vehicle registered in the name of the corporation, to the limits as to amount stated in Section 207, the Registrar shall issue and deliver to him a card, to be known as “a financial responsibility card”, and shall, on request by him if he is the owner of the motor vehicle, issue and deliver to him an additional card, being a copy of the card deliv-ered to him as aforesaid, (c) for each person who commonly drives the motor vehi-cle to which the card refers; (d) for each motor vehicle in respect of which the proof of financial responsibility is given; or (e) in the case of a corporation to which the Superinten-dent of Insurance issues a certificate under clause (b) for each motor vehicle registered in the name of the corporation. (2) A financial responsibility card shall set forth the following particulars:

146 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(a) the name of the person or corporation giving the proof of financial responsibility; (b) the particulars of the motor vehicle as set forth in the permit referred to in Section 16; and (c) repealed 2015, c. 45, s. 9. (d) any other particulars required by the Registrar. (3) A financial responsibility card shall be in such form as may from time to time be prescribed by the Registrar. (4) Where a person to whom the Registrar has issued a financial responsibility card ceases to maintain the proof of financial responsibility in respect of which the card was issued, he shall forthwith deliver the card and all copies thereof to the Registrar. (5) Where a person is insured under a policy of the type com-monly known as “a garage and sales agency policy”, whereby he is insured against liability for loss or damage to persons or property occasioned by, or arising out of the ownership, maintenance, operation or use, by him, or his employees, of a motor vehicle that is either owned by him or in his charge, if, in the opinion of the Regis-trar, the amount in which he is insured under the policy is adequate to satisfy all such liabilities that he is likely to incur, subject for each motor vehicle that at any one time may be operated or used by him or his employees to the limits as to amount stated in Section 207, the insurer that issues the policy shall at the time of the issue thereof, also issue and deliver to the named insured a card, to be known as “a financial responsibility card”, and shall, on request by the named insured issue and deliver to him an additional card, being a copy of the card delivered to him, for each of his employees who commonly drives the motor vehicle owned by him or in his charge. (6) A card issued under subsection (5) shall be in a form approved by the Registrar and shall set forth (a) the name and address of the insurer; (b) the name of the insured; (c) the policy number; (d) the date upon which the insurance expires; and (e) any other particulars required by the Registrar, and shall be signed in handwriting and in ink, with his usual signature, by the person for whose use the card or additional card is issued, and shall bear the number of the driver's license held by him as at the date on which the card is issued. (7) The cards issued under subsection (5) by all insurers shall be uniform in size, colour and form and the date of expiry of the policy of insurance to

R. S., c. 293 motor vehicle 147 NOVEMBER 9, 2023which the card refers shall be prominently noted thereon, and the card shall be in such form as may from time to time be prescribed by the Registrar. (8) Cards issued under subsection (5) shall be supplied to each insurer by the Registrar in such quantity as the Registrar deems requisite, and no insurer shall prepare or issue a card under subsection (5) except on a form supplied as in this Section provided. R. S., c. 293, s. 206; 2015, c. 45, s. 9. Amount of security 207 Where security is required to be given by any person pursuant to clause (a) of subsection (5) of Section 231 or clause (a) of subsection (4) of Sec-tion 232, it shall be given by him to the Registrar in the amount required by the Registrar but not in any case exceeding two hundred thousand dollars in respect of any one accident. R. S., c. 293, s. 207. Form of security 208 (1) Where security is required to be given by any person pursuant to clause (a) of subsection (5) of Section 231 or clause (a) of subsection (4) of Sec-tion 232 it shall be given by the certificate of the Minister of Finance and Treasury Board that the person named therein (a) has deposited with him the sum of money fixed by the Registrar; (b) has deposited with him securities for money approved by the Minister of Finance and Treasury Board in the amount fixed by the Registrar; or (c) has deposited with him a bond of a guarantee or surety company in the amount fixed by the Registrar or a bond with per-sonal sureties in the amount fixed by the Registrar approved as ade-quate security by a judge of the county court of the county in which the sureties reside. (2) Any bond given pursuant to subsection (1) shall be condi-tioned upon the satisfaction of any judgment that may thereafter be recovered against the person by whom or on whose behalf it is deposited as a result of the acci-dent giving rise to the suspension of his permit or license and the payment of any sum that may be agreed upon as liquidated damages as a result of that accident. R. S., c. 293, s. 208; O. I. C. 2013-348. Purpose of security 209 (1) Any money or security deposited with the Minister of Finance and Treasury Board pursuant to Section 208 shall be held by the Minister of Finance and Treasury Board as security for the payment of any sum that may be agreed upon as liquidated damages, or any judgment that may thereafter be recovered against the person making the deposit in an action for damages resulting from bodily injury to or the death of another, or damages of one hundred dollars or more to property caused by an accident

148 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(a) by reason of the occurrence of which the deposit of security is required; and (b) which was occasioned by, or arose out of the owner-ship, maintenance, operation or use, of a motor vehicle by the person making the deposit or by another person for whose negligence the person making the deposit is liable. (2) Money and securities deposited with the Minister of Finance and Treasury Board shall be paid over by him, on the order of the court or of a judge thereof, to satisfy a judgment recovered as set out in subsection (1) or to satisfy any sum that may be agreed upon as liquidated damages occasioned by, or arising out of, the accident. (3) Where a bond has been deposited with the Minister of Finance and Treasury Board pursuant to Section 208, if a judgment of the sort described in subsection (1) is recovered or if a sum is agreed upon as liquidated damages occa-sioned by or arising out of the accident and such judgment or sum is not satisfied or paid within fifteen days after it has become final or has been agreed upon, as the case may be, the judgment creditor or the person entitled to such sum agreed upon may, for his own use and benefit bring an action on the bond in the name of the Minister against the persons executing the bond, but the Minister shall not be liable for costs in any such action. (4) A bond, money or security, deposited with the Registrar or the Minister of Finance and Treasury Board pursuant to Sections 207 and 208 shall not in the hands of the Registrar or the Minister of Finance and Treasury Board respec-tively, be subject to any other claim or demand. (5) Where the Minister of Finance and Treasury Board is satisfied that a sum has been agreed upon as liquidated damages occasioned by, or arising out of, the accident, upon request of the person making the deposit he may, from the money or securities so deposited, pay to the person entitled thereto the sum agreed upon, and, if he is satisfied that the sum agreed upon has been paid, he may pay to the person making the deposit the money or securities so deposited with him or the balance thereof remaining in his hands after making payment as aforesaid of the sum agreed upon. R. S., c. 293, s. 209; O. I. C. 2013-348. Offences respecting card 210 Any person who (a) produces to the Registrar or to a peace officer (i) a financial responsibility card or a motor vehicle liabil-ity insurance card purporting to show that there is in force a policy of insurance that is, in fact, not in force, (ii) a financial responsibility card or a motor vehicle liabil-ity insurance card purporting to show that he is at the time maintain-

R. S., c. 293 motor vehicle 149 NOVEMBER 9, 2023ing in effect proof of financial responsibility as required by this Act when such is not the case, or (iii) a financial responsibility card or a motor vehicle liabil-ity insurance card purporting to show that the person named in the card as the insured is, at the time of an accident in which a motor vehicle is in any manner, directly or indirectly involved, insured in respect of loss resulting from that accident and occasioned by the operation or use of that motor vehicle, when such is not the case; (b) fails to deliver to the Registrar as required by subsection (4) of Section 206, a financial responsibility card or any additional card issued to him pursuant to that Section; or (c) gives or loans to a person not entitled to have the same any card issued under subsection (5) of Section 206, shall be guilty of an offence. R. S., c. 293, s. 210. Unsatisfied Judgment Fund 211 (1) Subject to the provisions of subsection (2), the Governor in Council may, at any time after the first day of December, 1949, direct that every person who obtains a driver's license under this Act, shall, in addition to any other fee for which provision is made in this Act, annually pay to the Registrar a fee of one dollar and all such fees shall constitute a fund, which shall be known as the “Unsatisfied Judgment Fund” hereinafter in this Part referred to as the “Fund”. (2) If, on the first day of December in any registration year, the amount of the Fund exceeds one hundred and fifty thousand dollars, the Governor in Council may by order in council suspend the requirement for payment of the fee set out in subsection (1), and may, on or after the first day of December in any year, reimpose the provisions of subsection (1) for the next ensuing registration year when the amount of the Fund is less than one hundred thousand dollars, and so from time to time suspend and reimpose the requirements and provisions of subsection (1) according as the amount of the Fund from time to time exceeds one hundred and fifty thousand dollars or is less than one hundred thousand dollars. (3) The Minister of Finance and Treasury Board shall maintain an account known as the “Unsatisfied Judgment Fund” into which shall be paid or credited all sums from time to time provided for the purpose by the Governor in Council and all sums from time to time paid over by the Registrar pursuant to this Section. (4) The Governor in Council may from time to time transfer or pay from the Special Reserve Account established pursuant to the Provincial Finance Act to the Unsatisfied Judgment Fund such amounts as he may deem neces-sary. (5) The Registrar shall pay to the Minister of Finance and Treas-ury Board any fees collected for the Fund pursuant to subsection (1).

150 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(6) Notwithstanding any other provisions of this Section, no per-son shall be liable to pay a fee under this Section in respect of the registration year commencing on the first day of January, 1959, or of any subsequent registration year until the Governor in Council so orders. R. S., c. 293, s. 211; O. I. C. 2013-348. Payment from Fund 212 (1) Where in any court in the Province a judgment is recovered for damages on account of bodily injury to or the death of any person or damage to property and such injury, death or damage was occasioned by or arose out of the ownership, maintenance, operation or use of a motor vehicle within the Province after the first day of November, 1949, then upon the determination of all proceed-ings, including appeals, and upon notice to the Minister, the judgment creditor may apply to a judge of the Trial Division of the Supreme Court or a judge of the county court for an order directing payment of the amount of the judgment, or the unsatis-fied portion thereof, out of the Fund. (2) Where any person recovers any such judgment, he shall not make an application for an order directing payment out of the Fund unless he has (a) joined as a defendant or brought an action against any person, including the Crown, against whom he has a cause of action for damages for the bodily injuries or death or the damage to property and proceeded to judgment in the action; or (b) made a settlement in respect of his cause of action with every such person whom he has not joined as a defendant or against whom he has not brought an action and proceeded to judgment therein, which settlement, in the opinion of the judge and taking into account the circumstances of the case, is reasonable, provided that this subsection shall not apply with respect to a person mentioned in clause (a) if the applicant satisfies the court that he has been unable to find that per-son after making or causing to be made all such inquiries and searches, and taking or causing to be taken all such measures, for the purpose of finding him as the court deems reasonable in the circumstances. (3) Upon the hearing of the application the applicant shall show (a) that he has obtained a judgment as set out in subsec-tion (1), stating the amount thereof and the amount owing thereon at the date of the application; (b) that he has caused to be issued a writ of fieri facias or an execution order, and that (i) the sheriff has made a return showing that no goods of the judgment debtor liable to be seized in satisfaction of the judgment debt could be found, or (ii) the amount realized on the sale of goods seized, or otherwise realized, under the writ or order was insufficient to satisfy the judgment, stating the amount so realized and the

R. S., c. 293 motor vehicle 151 NOVEMBER 9, 2023balance remaining due on the judgment after application thereon of the amount realized; (c) that he has (i) caused the judgment debtor to be examined pursuant to the law for that purpose provided, touching his estate and effects and his property and means and in particular as to whether the judgment debtor is insured under a policy of insurance by the terms of which the insurer is liable to pay, in whole or in part, the amount of the judgment, or (ii) where, because of the death or absence from the Province of the judgment debtor, or for any other reason which the judge on the hearing of the application shall deem sufficient, it is impossible or impractical to cause the judg-ment debtor to be examined as aforesaid, made exhaustive searches and inquiries touching the estate and effects and the property and means of the judgment debtor, and in particular whether the judgment debtor is insured under a policy of insurance by the terms of which the insurer is liable to pay, in whole or in part, the amount of the judgment; (d) that he has made exhaustive searches and inquiries to ascertain whether the judgment debtor is possessed of assets, real or personal, liable to be sold or applied in satisfaction of the judgment; (e) that by such searches, inquiries and examination (i) he has learned of no assets, real or personal, possessed by the judgment debtor and liable to be sold or applied in satisfaction of the judgment debt, or (ii) he learned of certain assets, describing them, owned by the judgment debtor and liable to be seized or applied in satisfaction of the judgment, and has taken all nec-essary actions and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; (f) whether he has either (i) recovered a judgment in an action against, or (ii) made a settlement in respect of his cause of action with, any other person against whom he has a cause of action for damages for the bodily injury or death or the damage to property; (g) that, where he has recovered judgment against another person as aforesaid, he has taken all measures and proceedings with respect to that other person, or under that judgment, that he is

152 motor vehicle R. S., c. 293 NOVEMBER 9, 2023required to take under that judgment, with respect to whom or which application is made under this Section; (h) that, where he has recovered such a judgment, either (i) he has received, and is likely to receive, nothing thereunder, or (ii) he has received, and is likely to receive, there-under no more than an amount stated in the application; (i) that, where he has made a settlement as mentioned in clause (f), he is entitled to receive thereunder no more than an amount stated in the application, and that the settlement is one that, in the opinion of the judge and taking into account the circumstances of the case, is reasonable; (j) that the application is not made by or on behalf of an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a policy of automobile insurance within the meaning of Part VI of the Insurance Act ; (k) that no part of the amount sought to be paid out of the Fund is sought in lieu of making a claim or receiving a payment which is payable by reason of the existence of a policy of automobile insurance within the meaning of Part VI of the Insurance Act ; and (l) that no part of the amount so sought will be paid to an insurer to reimburse or otherwise indemnify the insurer in respect of any amount paid or payable by the insurer by reason of the existence of a policy of automobile insurance within the meaning of Part VI of the Insurance Act. (4) The Minister may appear and be heard on the application and may show cause why the order should not be made. (5) If the judge is satisfied (a) of the truth of the matters shown by the applicant as required by subsection (3); (b) that the applicant has taken all reasonable steps to learn what means of satisfying the judgment are possessed by the judgment debtor; and (c) that there is good reason for believing that the judg-ment debtor (i) has no assets liable to be sold or applied in sat-isfaction of the judgment or of the balance owing thereon, and (ii) is not insured under a policy of insurance by the terms of which the insurer is liable to pay, in whole or in part, the amount of the judgment,

R. S., c. 293 motor vehicle 153 NOVEMBER 9, 2023the judge may make an order directed to the Minister of Finance and Treasury Board requiring him, subject to subsections (9), (12) and (13) to pay from the Fund the amount of the judgment or the balance owing thereon, and subject as herein pro-vided the Minister of Finance and Treasury Board shall comply with the order. (6) In making an order under subsection (5), the judge shall reduce the amount that he would otherwise require to be paid from the Fund by a sum equal to any amount or amounts that the applicant has received or, in the opin-ion of the judge, is likely to receive, under or in respect of a judgment that he has recovered against, or a settlement that he has made with, any other person against whom he has or had a cause of action for damages for the bodily injury or death or the damage to property mentioned in subsection (1). (7) If the judge is of the opinion that, having regard to the amount of the judgment and costs and the means and income of the judgment debtor, the judgment creditor can recover the amount of the judgment and costs from the judg-ment debtor within a reasonable period by proceeding under the Collection Act or any other law relating to the payment of judgments by instalments, the judge may, instead of granting or refusing an order, adjourn the application sine die subject to the right of the judgment creditor to renew his application if such recovery cannot be effected, and except as provided in this subsection, the possibility that the judg-ment creditor may be able to recover all or part of the judgment and costs under the Collection Act or any other law relating to the payment of judgments by instalments shall not be a ground for refusing an order under subsection (5). (8) An order made under subsection (5) shall be subject to appeal by the applicant or by the Minister. (9) The Minister of Finance and Treasury Board shall not be required to pay from the Fund under an order (a) more than ten thousand dollars, exclusive of costs, on account of injury to or the death of one person, and subject to such limit for any one person so injured or killed, not more than twenty thousand dollars, exclusive of costs, on account of injury to or the death of two or more persons in any one accident; and (b) for payment of a judgment for damage to property resulting from any one accident (i) any amount where the judgment exclusive of costs is two hundred dollars or less, or (ii) more than the amount by which the judgment exceeds two hundred dollars exclusive of costs and in no event more than the sum of five thousand dollars. (10) The Minister of Finance and Treasury Board shall, subject to a deductible of two hundred dollars with respect to any claim arising out of damage to property, not be liable to pay from the Fund under an order more than thirty-five thousand dollars, exclusive of interest and costs, for loss or damage resulting from

154 motor vehicle R. S., c. 293 NOVEMBER 9, 2023bodily injury to or the death of one or more persons and damage to property, and where in any one accident loss or damage results from bodily injury or death and loss of or damage to property (a) any claims arising out of bodily injury or death shall have priority over claims arising out of loss of or damage to property to an amount of thirty thousand dollars; and (b) any claim arising out of loss or damage to property shall have priority over claims arising out of bodily injury or death to an amount of five thousand dollars. (11) Subject to subsection (21), subsection (9) shall apply where the cause of action arises before the first day of January, 1965, and subsection (10) shall apply where the cause of action arises on or after the first day of January, 1965. (12) Where any amount is recovered by the judgment creditor from any other source in partial discharge of the judgment debt the maximum amount prescribed in subsection (9) shall be reduced by the amount so recovered and any amount paid out of the Fund in excess of the amount authorized by this Section may be recovered by action brought by the Minister. (13) The Minister of Finance and Treasury Board shall not be required to pay out of the Fund any amount in respect of a judgment in favour of a person who ordinarily resides outside of the Province unless that person resides in a jurisdiction in which recourse of a substantially similar character to that provided by this Section is afforded to residents of the Province. (14) The Minister of Finance and Treasury Board shall not be required to pay from the Fund under an order for costs of an action, including costs of the application made under this Section, more than the actual disbursements incurred and the fees payable in respect of the action and application, as taxed on a party and party basis. (15) This Section shall not apply with respect to a judgment recov-ered for damages caused to a motor vehicle owned by the judgment creditor while in the possession of the judgment debtor with or without the consent of the judg-ment creditor. (16) Notice of an application for an order directing payment of any amount out of the Fund shall be served on the Minister not less than fourteen days before the application. (17) Where, upon an application for an order directing payment out of the Fund of the amount of a judgment or an unsatisfied portion of it, it is made to appear that the judgment was entered in an action in which (a) the defendant did not enter an appearance; (b) the defendant did not file a statement of defence;

R. S., c. 293 motor vehicle 155 NOVEMBER 9, 2023(c) the defendant did not appear in person or by counsel at the trial or on the assessment of damages; or (d) judgment was signed upon the consent or with the agreement of the defendant, and that the defendant may have had a defence to the action or that the amount of damages awarded may have been excessive, the judge, upon such terms as to costs or otherwise, including the payment of costs out of the Fund, as the judge thinks fit, may set aside the judgment and grant leave to the Minister to intervene in the action in which the judgment was entered at any stage of the action and to take on behalf of and in the name of the defendant any steps that the defendant himself might have taken in the action. (18) Where, pursuant to an order made under subsection (17), the Minister intervenes in an action he may, on behalf of and in the name of the defend-ant, enter an appearance, file a statement of defence, conduct the defence, consent to judgment in such amount as he deems proper, or do any other act that the defendant himself might do and all acts done by the Minister shall be deemed to be the acts of the defendant. (19) Notwithstanding any other provision of this Act, when pursu-ant to subsection (17) a judge orders payment of costs out of the Fund, the Minister of Finance and Treasury Board may comply with the order. (20) Until the Governor in Council otherwise orders, this Section shall not apply to judgments for damages arising out of the ownership, maintenance, operation or use of a motor vehicle on or after the first day of January, 1959. (21) Notwithstanding Section 19 of Chapter 39 of the Acts of 1961, subsections (1) and (9) of this Section in the form in which those subsections existed immediately prior to the twenty-fourth day of March, 1961, shall apply to every judgment for damages arising out of the ownership, maintenance, operation or use of a motor vehicle before the first day of January, 1959, whether such judg-ment was recovered before, on or after the thirteenth day of April, 1962. R. S., c. 293, s. 212; O. I. C. 2013-348. Judgment Recovery (N. S. ) Ltd. 213 (1) Where in any court in the Province a judgment is recovered in an action for damages resulting from bodily injury to or the death of any person or for damage to property and such injury, death or damage was occasioned by or arose out of the operation, ownership, maintenance or use of a motor vehicle by the judg-ment debtor within the Province, the judgment creditor may, subject to the provi-sions of this Act, make application for payment of such judgment to Judgment Recovery (N. S. ) Ltd. (1A) Notwithstanding subsection (1), no application for payment of a judgment may be made pursuant to that subsection where the judgment is recov-

156 motor vehicle R. S., c. 293 NOVEMBER 9, 2023ered in an action for damages and the damages arose out of the operation, owner-ship, maintenance or use of a motor vehicle on or after July 1, 1996. (2) Subject to the other provisions of this Act, Judgment Recov-ery (N. S. ) Ltd. within seven days after an application is made to it under this Sec-tion shall pay to the judgment creditor the amount of the judgment or the balance owing thereon, together with one half of the solicitor's costs of the action, as taxed on a party and party basis, and the actual disbursements of the judgment creditor incurred in making his application to Judgment Recovery (N. S. ) Ltd., provided that if Judgment Recovery (N. S. ) Ltd. appeals from the original judgment, Judgment Recovery (N. S. ) Ltd. shall pay to the judgment creditor the costs of any appeal as taxed on a party and party basis, and the actual disbursements of the judgment cred-itor in relation to the appeal without regard to the result of the said appeal. (3) Judgment Recovery (N. S. ) Ltd. is not liable for payment of any sum claimed by or on behalf of (a) an insurer by reason of the existence of a policy of automobile insurance within the meaning of the Insurance Act ; (b) His Majesty in right of the Province or of Canada, or any agent of His Majesty, or any Crown corporation; or (c) any corporation which maintains a separate insurance fund for the purposes set out in clause (b) of subsection (1) of Sec-tion 206. (4) Judgment Recovery (N. S. ) Ltd. shall not be liable to pay, in respect of damages (a) more than ten thousand dollars, exclusive of costs, on account of injury to or the death of one person and, subject to such limit for any one person so injured or killed, not more than twenty thousand dollars, exclusive of costs, on account of injury to or the death of more than one person in one accident; and (b) on account of damage to property resulting from any one accident (i) any amount where the judgment exclusive of costs is two hundred dollars or less, or (ii) more than the amount by which the judgment exceeds two hundred dollars exclusive of costs and in no event more than the sum of five thousand dollars. (5) Judgment Recovery (N. S. ) Ltd. shall, subject to a deductible of two hundred dollars with respect to any claim arising out of loss of or damage to property, not be liable to pay more than thirty-five thousand dollars, exclusive of interest and costs, for loss or damage resulting from bodily injury to or the death of one or more persons and loss of or damage to property, and where in any one accident loss or damage results from bodily injury or death and loss of or damage to property

R. S., c. 293 motor vehicle 157 NOVEMBER 9, 2023(a) any claim arising out of bodily injury or death shall have priority over claims arising out of loss of or damage to property to an amount of thirty thousand dollars; and (b) any claims arising out of loss of or damage to property shall have priority over claims arising out of bodily injury or death to an amount of five thousand dollars. (6) Judgment Recovery (N. S. ) Ltd. shall, subject to a deductible of two hundred dollars with respect to any claim arising out of loss or damage to property, not be liable to pay more than one hundred thousand dollars exclusive of interest and costs, for loss or damage resulting from bodily injury to or the death of one or more persons and loss of or damage to property, and where in any one acci-dent loss or damage results from bodily injury or death and loss of or damage to property (a) any claim arising out of bodily injury or death shall have priority over claims arising out of loss of or damage to property to an amount of ninety-five thousand dollars; and (b) any claim arising out of loss of or damage to property shall have priority over claims arising out of bodily injury or death to an amount of five thousand dollars. (7) Judgment Recovery (N. S. ) Ltd. shall, subject to a deductible of two hundred dollars with respect to any claim arising out of loss or damage to prop-erty, not be liable to pay more than two hundred thousand dollars inclusive of inter-est, plus costs, for loss or damage resulting from bodily injury to or the death of one or more persons and loss of or damage to property, and where in any one accident loss or damage results from bodily injury or death and loss of or damage to property (a) any claim arising out of bodily injury or death shall have priority over claims arising out of loss of or damage to property to an amount of one hundred and ninety thousand dollars; and (b) any claim arising out of loss of or damage to property shall have priority over claims arising out of bodily injury or death to an amount of ten thousand dollars. (8) Where the cause of action arises (a) before the first day of January, 1965, subsection (4) applies; (b) on or after the first day of January, 1965, and before the first day of December, 1979, subsection (5) applies; (c) on or after the first day of December, 1979, and before the first day of January, 1985, subsection (6) applies; (d) on and after the first day of January, 1985, subsection (7) applies.

158 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(9) Judgment Recovery (N. S. ) Ltd. shall not be liable to pay any sum to a judgment creditor until the judgment creditor assigns the judgment to Judgment Recovery (N. S. ) Ltd., and, such assignment having been made, the Regis-trar shall be subrogated to all rights of the judgment creditor and of Judgment Recovery (N. S. ) Ltd. to the amount of two hundred dollars mentioned in subsection [subsections] (4) and (5). (10) When a copy of the assignment to Judgment Recovery (N. S. ) Ltd., certified by its appointee to be a true copy, is filed with the prothonotary or the county court clerk or the clerk of the municipal court, as the case may be, of the court in which the judgment was obtained, Judgment Recovery (N. S. ) Ltd. shall, for all purposes related to recovery of the amount due on the judgment, be deemed to be the judgment creditor. (11) This Section shall not apply with respect to a judgment recov-ered for damages caused after the first day of April, 1961, to a motor vehicle owned by the judgment creditor while in the possession of the judgment debtor with or without the consent of the judgment creditor. R. S., c. 293, s. 213; 1995-96, c. 20, s. 4. Maximum payment 214 (1) The judgment creditor shall accompany his application with an affidavit setting out (a) that he has received (i) nothing under the judgment or as the result of the accident giving rise to the judgment, or (ii) as a result of the accident from or on behalf of the judgment debtor, no more than an amount stated in the affidavit and the source or sources of that amount and the value of real property, goods or services so received as deter-mined under subsection (4); (b) that no part of the amount sought by him will be paid to an insurer to reimburse or otherwise indemnify the insurer in respect of any amount paid or payable by the insurer by reason of the existence of a policy of automobile insurance within the meaning of Part VI of the Insurance Act ; and (c) that no part of the amount sought from Judgment Recovery (N. S. ) Ltd. is sought in lieu of making a claim or to the best of his knowledge, information and belief for the purposes of receiv-ing a payment that is or may be payable by reason of the existence of a policy of automobile insurance within the meaning of Part VI of the Insurance Act. (2) A judgment creditor, who fails to state correctly the amount received as required under clause (a) of subsection (1), is liable on summary convic-tion to a penalty of not more than one thousand dollars and, whether or not the judg-

R. S., c. 293 motor vehicle 159 NOVEMBER 9, 2023ment creditor is charged under this subsection, Judgment Recovery (N. S. ) Ltd. shall have a right of action for any amount not divulged as required under the said clause. (3) Judgment Recovery (N. S. ) Ltd. shall not be liable to pay the judgment creditor an amount greater than the amounts set out in Section 213 less any amount stated in the affidavit required by this Section. (4) The judgment creditor shall pay Judgment Recovery (N. S. ) Ltd. any amount, or the value in dollars, to be determined by a judge of the Trial Division of the Supreme Court or county court, of real property, goods or services that he recovers subsequent to payment by Judgment Recovery (N. S. ) Ltd. from or on behalf of the judgment debtor as a result of such judgment, and Judgment Recov-ery (N. S. ) Ltd. shall have a right of action against the judgment creditor to recover such amounts. (5) Where Judgment Recovery (N. S. ) Ltd. recovers any amount on a judgment that has been assigned to it, such amount shall become and remain its property unless and until the Governor in Council directs that, because of unusual or extreme circumstances, the original judgment creditor is entitled to receive the amount by which that recovered exceeds the amount paid out by Judgment Recov-ery (N. S. ) Ltd. with interest thereon at four per cent per year from the date of such payment and all costs, including solicitor's costs on a solicitor and client basis, incurred by Judgment Recovery (N. S. ) Ltd. in making the recovery. (6) Judgment Recovery (N. S. ) Ltd. shall not be required to pay any amount in respect of a judgment in favour of a person who does not ordinarily reside in the Province unless that person resides in a jurisdiction in which recourse of a substantially similar character to that provided by this Act is afforded to resi-dents of the Province. R. S., c. 293, s. 214. Settlement 215 (1) Where, pursuant to this Section, a settlement is made in respect of a claim for damages for bodily injury to or death of any person or damage to property occasioned by or arising out of the operation, ownership, maintenance or use of a motor vehicle within the Province, then for the purposes of Sections 213, 214, 219 and 220 and subject to this Section the settlement shall be deemed to be a judgment, the settlement obligor shall be deemed to be judgment debtor, and the set-tlement obligee shall be deemed to be a judgment creditor. (2) For the purposes of this Section any person who has attained the age of sixteen years and who has a claim for bodily injury to or the death of any person or damage to property occasioned by or arising out of the operation, owner-ship, maintenance or use of a motor vehicle within the Province may, whether or not an originating notice has been issued, negotiate a settlement of the claim with any person or persons against whom the claim exists who has attained the age of sixteen years.

160 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(3) A settlement reached under subsection (2) is effective for the purposes of this Section if Judgment Recovery (N. S. ) Ltd. is a party to the negotia-tions and consents to the settlement and takes effect (a) where all parties to the settlement are of the full age of nineteen years, on the date when it is approved by a person appointed by the Minister; or (b) where any party to the settlement has attained the age of sixteen years but has not attained the age of nineteen years, on the date when the settlement is approved by a judge of the Trial Division of the Supreme Court or a judge of a county court. (4) Approval by a judge of a settlement described in clause (b) of subsection (3) may be granted on an ex parte application by Judgment Recovery (N. S. ) Ltd., such application to be supported by such affidavit evidence as the judge may require, and if Judgment Recovery (N. S. ) Ltd. does not make an application within fourteen days of the date on which the parties agree on the terms of the settle-ment, the approval may be granted upon the ex parte application of any party to the settlement. (5) For all purposes of this Section, including the giving of a release, a person who has attained the age of sixteen years has the capacity of a per-son of the full age of nineteen years. (6) If the consent of Judgment Recovery (N. S. ) Ltd. mentioned in subsection (3) is given to at least the limits set out in Section 213 a larger amount may be agreed upon by the parties to the settlement other than Judgment Recovery (N. S. ) Ltd., provided that nothing herein contained shall impose an obligation on Judgment Recovery (N. S. ) Ltd. to pay any amount in excess of those limits. (7) No costs shall be awarded or be payable under a settlement made pursuant to this Section but Judgment Recovery (N. S. ) Ltd. may in its discre-tion grant such amount as it deems appropriate in lieu of costs, and the amount so granted shall be specifically stated in the terms of settlement. (8) Should proceedings under this Section fail to result in a settle-ment, the person having the cause of action shall, if the time limited for instituting action has expired, have a further period of two weeks in which to issue an originat-ing notice, such period to commence on the date notice of intention to withdraw from such proceedings is given by registered letter to the other parties by any one of the parties or from the date on which the person appointed by the Minister pursuant to clause (a) of subsection (3) refuses his approval, or, where one of the parties to the settlement has not attained the full age of nineteen years, a judge, pursuant to clause (b) of subsection (3), refuses his approval of the settlement. (9) Statements or admissions made during negotiation of a settle-ment under this Section shall not be admissible against the parties to the settlement in any proceedings arising out of the same cause of action.

R. S., c. 293 motor vehicle 161 NOVEMBER 9, 2023(10) Nothing in this Section precludes the settlement of claims as between persons of the full age of nineteen years in accordance with subsections (2) and (3) but settlements between those persons shall not prejudice the claim of any person under the age of nineteen years who is entitled in any event to receive from Judgment Recovery (N. S. ) Ltd. the amount that he would have received if payment of all claims resulting from the accident giving rise to his claim had been held in abeyance until his claim had been settled in accordance with this Section or deter-mined by judgment. (11) Where (a) a claim to which this Section applies is for damage to property only and is for an amount that does not exceed one thousand dollars; (b) Judgment Recovery (N. S. ) Ltd. has sent by registered mail a request in a form approved by the Superintendent of Insurance to the person alleged to be at fault addressed to his address as shown on the records of the Registry of Motor Vehicles or if he has a differ-ent address to the knowledge of Judgment Recovery (N. S. ) Ltd. then to both such addresses, requesting that he negotiate a settlement of the claim or make a written denial of liability; and (c) the person to whom the request is sent does not, within thirty days of the mailing of the request, either negotiate a settlement of the claim or deliver a written denial of liability to Judgment Recovery (N. S. ) Ltd., Judgment Recovery (N. S. ) Ltd. may on behalf of and in the name of the person alleged to be at fault take any steps that he might have taken under this Section and enter into negotiations with the claimant and make a settlement under this Section. R. S., c. 293, s. 215. Hearing to determine obligation of insurer 216 (1) Where (a) an application is made to Judgment Recovery (N. S. ) Ltd. for payment of a claim for loss or damages occasioned by or arising out of the operation, ownership, maintenance or use of a motor vehicle, whether or not an originating notice has been issued or a judgment has been entered; (b) it appears or is alleged that an insurer may be obligated under a policy of automobile insurance within the meaning of Part VI of the Insurance Act to respond to the claim; and (c) the insurer denies that it is so obligated, Judgment Recovery (N. S. ) Ltd. shall within a reasonable period of time but not to exceed sixty days from the date of such application make an ex parte application to a judge of the Trial Division of the Supreme Court or a judge of a county court to set a date for a hearing to determine whether the insurer has such an obligation.

162 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(2) Judgment Recovery (N. S. ) Ltd. shall, at least fourteen days before the date set for the hearing, give notice of the hearing by serving a copy of the order in the manner provided in the order on (a) the insurer appearing or alleged to be obligated to respond to the claim; (b) the owner and the driver of the motor vehicle referred to in clause (a) of subsection (1); and (c) the person making the claim. (3) Not later than seven days before the date of the hearing an insurer that has been served with a copy of an order pursuant to subsection (2) shall deliver to Judgment Recovery (N. S. ) Ltd. and file with the prothonotary or clerk of the court a statement of the grounds upon which it bases its denial of an obligation to respond to the claim. (4) On the date fixed for the hearing the judge shall hear such evi-dence as may be adduced by Judgment Recovery (N. S. ) Ltd., the insurer and the person or persons referred to in subsection (2) and shall determine whether or not the insurer is obligated to respond to the claim referred to in subsection (1), and the judge may adjourn the hearing and require additional evidence to be called or that the notice of the hearing be served on such additional persons as may be necessary to enable the court to determine the question of the insurer's obligation. (5) Subject to subsection (6), on a hearing under this Section no evidence, argument or finding shall be adduced or made respecting the liability of an owner or driver of a motor vehicle or the amount or extent of that liability or the amount of the liability or obligation of an insurer. (6) Evidence or arguments purporting to establish any defence referred to in Section 133 of the Insurance Act may be adduced or made at a hearing under this Section and if they are adduced or made the judge shall make a finding whether such defences or any of them constitute an effective defence or defences under said Section 133 against the person alleged to be insured but not effective as against a claimant but nothing herein prejudices the right of an insurer subsequently to require a judgment relating to the liability of its insured as a condition precedent to making payment to a claimant. (7) Where a finding under this Section is that an insurer is not obligated to respond to a claim, Judgment Recovery (N. S. ) Ltd. shall respond to the claim in accordance with all statutory provisions relating to Judgment Recovery (N. S. ) Ltd. (8) Judgment Recovery (N. S. ) Ltd. and the insurer are not entitled to their costs in connection with a hearing by a judge under this Section but shall bear other costs of the hearing equally unless by reason of special circumstances the judge otherwise orders, and this subsection does not apply to costs of an appeal from a finding or order made under this Section.

R. S., c. 293 motor vehicle 163 NOVEMBER 9, 2023(9) Where a hearing is ordered to be held under this Section, fur-ther proceedings with respect to the claim that is the subject of the hearing are stayed until the obligation of an insurer or of Judgment Recovery (N. S. ) Ltd. to respond to the claim has been finally determined by the judge or on appeal and a further ten days have elapsed. (10) The Appeal Division of the Supreme Court shall be the final court of appeal from a finding or order made pursuant to this Section. R. S., c. 293, s. 216; revision corrected. Actions begun before July 1, 1961 217 (1) Where in an action in any court in the Province for damages resulting from bodily injury to or the death of any person or damage to property (a) the defendant does not file a statement of defence; (b) the defendant does not appear in person or by counsel at the trial or on the assessment of damages; or (c) the defendant is prepared to consent or to agree to the entry of judgment against him, judgment shall not be entered by default or upon consent or agreement and damages shall not be assessed until notice of intention to enter judgment or to assess dam-ages, as the case may be, has been given to Judgment Recovery (N. S. ) Ltd. and Judgment Recovery (N. S. ) Ltd. has not, within thirty days after giving of that notice, applied to the court for leave to intervene in the action. (2) When Judgment Recovery (N. S. ) Ltd. receives notice under subsection (1), it may, with leave of the court or a judge, intervene in the action and take on behalf of and in the name of the defendant any steps that the defendant him-self might have taken in the action. (3) Where, pursuant to leave granted under subsection (2), Judg-ment Recovery (N. S. ) Ltd. intervenes in an action, it may, on behalf of and in the name of the defendant, file a statement of defence, conduct the defence, consent to judgment in such amount as it considers proper, or do any other act that the defend-ant himself might have done, and all acts of Judgment Recovery (N. S. ) Ltd. shall be deemed to be the acts of the defendant. R. S., c. 293, s. 217. Actions begun on or after July 1, 1961 218 (1) Where in an action in any court in the Province for damages resulting from bodily injury to or the death of any person or damage to property, the defendant does not file a defence, Judgment Recovery (N. S. ) Ltd. shall not be liable to pay any judgment entered by default unless notice of intention to enter judgment has been given to Judgment Recovery (N. S. ) Ltd. and thirty days have elapsed after giving that notice.

164 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(2) When Judgment Recovery (N. S. ) Ltd. receives notice under subsection (1), it may file a defence on behalf of and in the name of the defendant and may take any steps that the defendant might take in an action. (3) Where in an action in any court in the Province for damages resulting from bodily injury to or the death of any person or damage to property, the defendant files a defence but (a) the defendant does not appear in person or by counsel at the trial or on the assessment of damages; or (b) the defendant is prepared to consent or to agree to the entry of judgment against him, Judgment Recovery (N. S. ) Ltd. shall not be liable to pay any judgment entered by default or upon consent or agreement or damages assessed unless notice of intention to enter judgment or to assess damages, as the case may be, has been given to Judg-ment Recovery (N. S. ) Ltd. and Judgment Recovery (N. S. ) Ltd. has not within thirty days after giving of that notice applied to the court for leave to intervene in the action. (4) When Judgment Recovery (N. S. ) Ltd. receives notice under subsection (3) it may, with leave of the court or a judge, intervene in the action and take on behalf of and in the name of the defendant any steps that a defendant might take in an action. (5) Where Judgment Recovery (N. S. ) Ltd. files a defence pursu-ant to subsection (2) or intervenes in an action pursuant to subsection (4), it may, on behalf of and in the name of the defendant, whether or not the defendant is an infant, conduct the defence, consent to judgment in such amount as it considers proper, or do any other act that a defendant might do and all acts of Judgment Recovery (N. S. ) Ltd. shall be deemed to be the acts of the defendant, provided, however, that where the defendant is an infant no judgment by consent shall be entered without the approval of the court or a judge thereof. (6) This Section shall apply to actions commenced on and after the first day of July, 1961, and Section 217 shall apply to actions commenced prior to the first day of July, 1961. R. S., c. 293, s. 218. Restoration of license or permit 219 Where the driver's license of any person, or the permit of a motor vehicle registered in his name, has been suspended or cancelled under this Act, and Judgment Recovery (N. S. ) Ltd. has paid any amount in or towards satisfaction of a judgment and costs, or either of them, recovered against that person, the cancella-tion or suspension shall not be removed, nor the license be issued or granted to, or registration be permitted to be made, by that person until he has satisfied all require-ments of this Act in respect of giving proof of financial responsibility and (a) has paid to the Registrar, notwithstanding that the original judgment creditor has assigned the judgment to Judgment Recovery (N. S. )

R. S., c. 293 motor vehicle 165 NOVEMBER 9, 2023Ltd. the full amount of the deductible of two hundred dollars, if applicable, referred to in subsections (9) and (10) of Section 212 and in subsections (4) and (5) of Section 213; (b) has repaid in full to Judgment Recovery (N. S. ) Ltd. the amount so paid by it, together with interest thereon at a rate to be determined by the Governor in Council from time to time upon the recommendation of the Min-ister of Finance and Treasury Board from the date of such payment; or (c) has entered into and is carrying out an arrangement for repay-ment to Judgment Recovery (N. S. ) Ltd. the amount so paid by it in instal-ments calculated by Judgment Recovery (N. S. ) Ltd. in the manner set out in Section 225, or in instalments at such other rate as is satisfactory to it; or (d) has received from Judgment Recovery (N. S. ) Ltd. a satisfac-tion piece or release of the judgment in respect of which Judgment Recovery (N. S. ) Ltd. has made payment. R. S., c. 293, s. 219; O. I. C. 2013-348. Deductible 220 (1) Judgment Recovery (N. S. ) Ltd. shall, with respect to judg-ments assigned to it, inform the Registrar of the amount of any deductible in a pol-icy of automobile insurance within the meaning of the Insurance Act held by the original judgment creditor at the time of the accident out of which the judgment arose which provided coverage against damage to the motor vehicle of the judgment creditor involved in such accident. (2) The Minister of Finance and Treasury Board shall, if the Reg-istrar has received the two hundred dollars referred to in clause (a) of Section 219, pay to the original judgment creditor the amount of the deductible referred to in sub-section (1) up to two hundred dollars. R. S., c. 293, s. 220; O. I. C. 2013-348. Effective date of Sections 213 to 219 221 Sections 213 to 219 apply to or in respect of judgments or claims for damages arising out of the ownership, maintenance, operation or use of a motor vehicle on or after the first day of January, 1959, and before such later date as the Governor in Council declares to be the date from which these Sections shall no longer apply. R. S., c. 293, s. 221. Quebec 222 (1) For the purposes of subsection (6) of Section 214, the Prov-ince of Quebec is and is deemed to be “a jurisdiction in which recourse of a substan-tially similar character to that provided by this Act is afforded to residents in the Province”. (2) Notwithstanding the provisions of Sections 213 and 214, the Régie de l'assurance automobile du Québec may, in the exercise of its rights of sub-rogation under the Automobile Insurance Act (Quebec), claim from Judgment Recovery (N. S. ) Ltd. any amount which a resident of Quebec would be entitled to

166 motor vehicle R. S., c. 293 NOVEMBER 9, 2023receive from Judgment Recovery (N. S. ) Ltd. if the Régie had paid nothing to the Quebec resident. (3) Except as provided by Section 256, for the purpose of assert-ing its rights under subsection (2) against Judgment Recovery (N. S. ) Ltd., the Régie shall commence a proceeding in its own name against the person liable for the dam-ages, and the Régie, the defendant and Judgment Recovery (N. S. ) Ltd. shall deal with the claim as provided in Sections 213 to 220 as if the proceeding were com-menced by the Quebec resident. (4) This Section comes into force on and not before the effective date of an agreement between the Régie and the Province entered into pursuant to Section 319 of the Insurance Act, and applies to accidents occurring on, from and after that date. R. S., c. 293, s. 222. Assignment of judgment to Minister of Finance and Treasury Board 223 (1) The Minister of Finance and Treasury Board shall not pay from the Fund any sum in compliance with an order until the judgment creditor assigns the judgment to him. (2) When a copy of the assignment of judgment to the Minister of Finance and Treasury Board certified by him to be a true copy, is filed with the pro-thonotary or the county court clerk, as the case may be, of the court in which the judgment was obtained, the Minister of Finance and Treasury Board shall, for all purposes related to recovery of the amount due on the judgment, be deemed to be the judgment creditor. (3) Where the Minister of Finance and Treasury Board recovers any amount on a judgment that has been assigned to him, he shall pay over to the judgment creditor or his personal representative any amount by which the amount recovered exceeds the amount paid out of the Fund by the Minister of Finance and Treasury Board, together with interest thereon at four per cent per year from the date of such payment and all costs, including solicitor's costs on a solicitor and cli-ent basis, incurred by the Minister of Finance and Treasury Board in making the recovery. R. S., c. 293, s. 223; O. I. C. 2013-348. Restoration of license or permit 224 Where the driver's license of any person, or the permit of a motor vehicle registered in his name, has been suspended or cancelled under this Act, and the Minister of Finance and Treasury Board has paid from the Fund any amount in or towards satisfaction of a judgment and costs, or either of them, recovered against that person, the cancellation or suspension shall not be removed, nor the license, or permit restored, nor shall any new license be issued or granted to, or registration be permitted to be made by, that person until he has (a) repaid in full to the Minister of Finance and Treasury Board the amount so paid by him, together with interest thereon at a rate to be determined by the Governor in Council from time to time upon the recom-

R. S., c. 293 motor vehicle 167 NOVEMBER 9, 2023mendation of the Minister of Finance and Treasury Board from the date of such payment; and (b) satisfied all requirements of this Act in respect of giving proof of financial responsibility. R. S., c. 293, s. 224; O. I. C. 2013-348. Repayment to Fund by instalments 225 (1) Where the Minister of Finance and Treasury Board has paid from the Unsatisfied Judgment Fund an amount in or towards satisfaction of a judg-ment and costs, or either of them, recovered against a person, the Minister of Finance and Treasury Board may, on the application of that person, make an order permitting him to repay to the Minister of Finance and Treasury Board in instal-ments the amount so paid out of the Fund and interest on that amount. (2) Payments shall not be permitted to be made under this Section (a) in instalments at less frequent intervals than every three months; or (b) in instalments that in a period of one year equal a smaller percentage of the total amount paid out of the Fund than that shown in the following table: Amount paid Minimum annual out of Fund payment per cent of amount paid out of Fund up to $500. 00 50 % $ 500. 01- $100,000. 00 33⅓ % 1,000. 01- 3,000. 00 25 % 3,000. 00- 5,000. 00 20 % 5,000. 01- 10,000. 00 10 % 10,000. 01- 20,000. 00 71/2 % (3) When the Minister of Finance and Treasury Board has made an order under this Section and the person in whose favour the order has been made is not in default in complying with the terms of the order and has complied with the requirements referred to in clause (b) of Section 224, the Minister may, notwithstanding Section 224, but subject to all other provisions of this Act, restore the driver's license and owner's permits of the person, or issue a license and owner's permits to him. (4) When a person in whose favour an order has been made under this Section fails to make any payment permitted by the order or within the time prescribed by the order, the Minister shall forthwith suspend the driver's license and the owner's permits of that person and the person shall thereafter be subject in all respects to the provisions of Section 224. (5) Any judgment debtor may apply on summary application to the judge of the county court for the district in which the applicant resides or to the Judge of The County Court of District Number One within three months of an appli-

168 motor vehicle R. S., c. 293 NOVEMBER 9, 2023cation filed for a finding as to the ability of the applicant to repay the Minister of Finance and Treasury Board and if it is then made to appear to the Minister of Finance and Treasury Board that such judge has found that the applicant cannot make payment in instalments of the amounts required by clause (b) of subsection (2) without thereby causing a severe hardship to himself or to members of his immedi-ate family, the Minister of Finance and Treasury Board may, notwithstanding such subsection, make an order permitting the applicant to make payments at a lower rate than the rate required by that clause. R. S., c. 293, s. 225; O. I. C. 2013-348. Regulations respecting Sections 203 to 246 226 Subject to the approval of the Governor in Council, the Minister may make regulations for the more effective carrying out of Sections 203 to 246. R. S., c. 293, s. 226. Failure to pay judgment 227 (1) Subject to Section 239, the driver's license or privilege of obtaining a driver's license and owner's permit or permits, of every person who fails to satisfy a judgment rendered against him, by any court in the Province, or in any other province of Canada, which has become final by affirmation on appeal, or by expiry without appeal of the time allowed for appeal, for damages of one hundred dollars or more on account of damage to property, or damages on account of bodily injury to, or the death of, any person, occasioned by a motor vehicle, within fifteen days from the date upon which such judgment became final, shall be forthwith sus-pended by the Registrar, upon receiving a certificate of such final judgment from the court in which the same is rendered, and shall remain so suspended, and shall not at any time thereafter be renewed, nor shall any new driver's license or owner's permit be thereafter issued to such person until such judgment is satisfied or discharged, otherwise than by a discharge in bankruptcy, to the extent of the minimum level of financial responsibility required at the time of the accident which gave rise to the judgment and until such person gives proof of his financial responsibility. (2) The Governor in Council, upon the report of the Minister that a province or state has enacted legislation similar in effect to subsection (1) and that the legislation extends and applies to judgments rendered and become final against residents of that province or state by any court of competent jurisdiction in the Prov-ince, may, by proclamation, declare that subsection (1) shall extend and apply to judgments rendered and become final against residents of the Province by any court of competent jurisdiction in such province or state. (3) If, after such proof of financial responsibility has been given, any other judgment against such person, for any accident, which occurred before such proof was furnished, and after the first day of September, 1932, is reported to the Registrar, the driver's license and owner's permit or permits of such person shall again be, and remain, suspended until such judgment is satisfied and discharged, otherwise than by a discharge in bankruptcy, to the extent set out in subsection (1). (4) If any person to whom subsection (1) applies is not a resident in the Province, the privilege of operating any motor vehicle in the Province, and

R. S., c. 293 motor vehicle 169 NOVEMBER 9, 2023the privilege of operation in the Province of any motor vehicle registered in his name, shall be, and is, suspended and withdrawn forthwith by virtue of such judg-ment until he has complied with subsection (1). (5) Subsection (1) in the form in which it appeared prior to the eighteenth day of March, 1964, shall apply to judgments resulting from causes of action arising before the first day of January, 1965. (6) Subsection (1) as it appears in this Section shall apply to judg-ments resulting from causes of action arising on or after the first day of January, 1965. R. S., c. 293, s. 227. Commercial vehicle insurance 228 (1) The Minister may require commercial motor vehicles or cer-tain commercial motor vehicles to be covered with public liability, property dam-age, cargo or passenger hazard insurance or any or all such insurance, and such insurance shall be a condition precedent to the issuance of any permit or license for such commercial motor vehicles. (2) Subject to the approval of the Governor in Council, the Minis-ter may make regulations governing (a) commercial motor vehicles to be so insured; (b) the form and kind of insurance policy or policies; (c) the amount of insurance; (d) any other matter or thing in connection with such insur-ance; (e) the imposition of penalties for the violation of such regulations. (3) Such regulations shall be published in the Royal Gazette and shall thereupon become effective and have the same force as if enacted by this Act. R. S., c. 293, s. 228. Proof of financial responsibility 229 The Minister may require proof of financial responsibility before issue of an owner's permit or driver's license or the renewal thereof to any person. R. S., c. 293, s. 229; 2003 (2nd Session), c. 1, s. 28. Liability policy 230 (1) No person shall drive a motor vehicle registered or required to be registered under this Act unless there is in force in respect of the motor vehicle or in respect of the driver of the motor vehicle a motor vehicle liability policy. (2) In a prosecution for a violation of subsection (1), where the court is satisfied that the defendant failed to produce forthwith upon the request of a

170 motor vehicle R. S., c. 293 NOVEMBER 9, 2023peace officer a motor vehicle liability insurance card issued pursuant to Section 204 for a policy as required by subsection (1) that was valid and subsisting at the time of driving, such failure is proof, in the absence of evidence to the contrary, that there was not in force at the time of driving a motor vehicle liability policy as required by subsection (1). (3) No person shall be convicted of a violation of subsection (1) if the person establishes that at the time the motor vehicle was driven, (a) proof of financial responsibility in the amounts and to the limits required by Section 235 and in one of the forms permitted by Section 236 has been given; or (b) a financial responsibility card was issued under Sec-tion 206, in respect of the person or the motor vehicle. R. S., c. 293, s. 230; 1999, c. 11, s. 7. Liability policy for motor vehicle registered in another jurisdiction 230A (1) No person shall drive a motor vehicle registered in another province of Canada or in a state unless there is in force in respect of the motor vehi-cle or in respect of the driver of the motor vehicle a motor vehicle liability policy. (2) In a prosecution for a violation of subsection (1), where the court is satisfied that the defendant failed to produce forthwith upon the request of a peace officer a motor vehicle liability insurance card issued pursuant to the law of the jurisdiction in which the motor vehicle is registered for a policy as required by subsection (1) that was valid and subsisting at the time of driving, such failure is proof, in the absence of evidence to the contrary, that there was not in force at the time of driving a motor vehicle liability policy as required by subsection (1). (3) No person shall be convicted of a violation of subsection (1) if the person establishes that at the time the motor vehicle was driven, (a) proof of financial responsibility in the amounts and to the limits required by the law of the jurisdiction in which the motor vehicle is registered; or (b) a financial responsibility card was issued under the law of the jurisdiction in which the motor vehicle is registered, in respect of the person or the motor vehicle. 2004, c. 6, s. 23. Suspension of license after accident 231 (1) Subject to subsections (2) and (3), where damage to property in an amount apparently of fifty dollars or more or bodily injury to, or the death of, any person results from an accident in which a motor vehicle is in any manner, directly or indirectly involved, if the motor vehicle is, or is required to be, registered under this Act, the Registrar, on receipt of notice in writing of the accident, shall suspend the license or the privilege of obtaining a license of the driver and the per-mit of every motor vehicle registered in the name of the owner and of the driver.

R. S., c. 293 motor vehicle 171 NOVEMBER 9, 2023(2) Where a person whose permit, license or privilege of obtain-ing a license is subject to suspension under this Section satisfies the Registrar that (a) at the time of the accident the motor vehicle was a sto-len vehicle; or (b) the only damage resulting from the accident is to the person or property of the owner and of the driver and of passengers in the vehicle, if the suspension has not already become effective, the Registrar shall not suspend the permit, license or privilege of obtaining a license, and if it has become effective he shall reinstate the permit, license or privilege of obtaining a license so sus-pended. (3) Where a person whose permit, license or privilege of obtain-ing a license is subject to suspension under this Section produces to the Registrar a financial responsibility card or a motor vehicle liability insurance card in respect of the motor vehicle involved in the accident and in full force at the time of the acci-dent or where the Registrar is satisfied that at the time of the accident a financial responsibility card or a motor vehicle liability insurance card is in full force in respect of such motor vehicle, then if the suspension has not already become effec-tive the Registrar shall not suspend the permit, license, or privilege of obtaining a license, and if it has become effective he shall reinstate the permit, license, or privi-lege of obtaining a license so suspended. (4) Where a person whose driver's license or the privilege of obtaining a license is subject to suspension under this Section produces to the Reg-istrar a financial responsibility card or a motor vehicle liability insurance card in respect of a motor vehicle liability policy issued to or for the benefit of that person as a driver that is in full force at the time of the accident or where the Registrar is satisfied that at the time of the accident there was in full force a motor vehicle liabil-ity insurance policy in the amount specified in Section 235 issued to or for the ben-efit of that person as a driver then if the suspension has not already become effective the Registrar shall not suspend the license or the privilege of obtaining a license, or if it has become effective he shall reinstate the license or the privilege of obtaining a license so suspended. (5) Subject to subsections (2) and (3), every license, privilege of obtaining a license, and every permit suspended pursuant to subsection (1) shall remain so suspended, nor shall any new license be thereafter issued to or permit for the same or any other motor vehicle be permitted to be made by, the person whose license, privilege of obtaining a license, or permit has been so suspended until the person gives proof of financial responsibility to the amounts and in any of the forms mentioned in Sections 235 and 236, and (a) gives security, sufficient in the opinion of the Regis-trar, to satisfy any judgment that may thereafter be recovered against such person as a result of the accident, or any sum that may be agreed upon as liquidated damages, but subject to the limits as to amount stated in Section 207; or

172 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(b) produces to the Registrar proof satisfactory to the Reg-istrar that he has satisfied all claims against him for damage to prop-erty in an amount of fifty dollars or more and for damages for bodily injury to, or the death of, any person, resulting from the accident, up to the limits as to amount stated in Section 207. (6) Where (a) one year has elapsed since the date of an accident and the owner or driver, respectively, of a motor vehicle in any manner, directly or indirectly, involved therein (i) has neither paid or agreed to pay any sum as damages in respect of bodily injury to, or the death of, any person, or any sum of fifty dollars or more for damages to property, resulting from the accident, (ii) has not been named as defendant in an action for damages as a result of the accident, and (iii) is not required to give proof of financial respon-sibility under another Section of this Act; or (b) judgment in an action for damages resulting from the accident brought against such owner or driver has been given in his favour, and he is not required to give proof of financial responsibility under another Section of this Act, such owner or driver, as the case may be, shall not thereafter be required to maintain proof of financial responsibility, and the Registrar shall return to him any security given by him pursuant to subsection (5). (7) Where a person whose permit, license, or privilege of obtain-ing a license is suspended under this Section satisfies the Registrar that he has satis-fied all claims against him for damage to property in an amount of fifty dollars or more and for damages for bodily injury to, or the death of, any person, resulting from the accident, and that person is not required to give proof of financial responsi-bility under another Section of this Act, he shall not, after the expiration of two years from the date of the accident, be required to maintain proof of financial responsibility, and the Registrar shall return to him any security given by him pursu-ant to subsection (5). R. S., c. 293, s. 231. Suspension of non-resident 232 (1) Subject to subsections (2) and (3) and Section 233 where a person, who is not a resident of the Province, is the driver or owner of a motor vehi-cle that is in any manner directly or indirectly involved in an accident causing dam-age to property in an amount apparently of fifty dollars or more or bodily injury to or the death of, any person, that person's privilege of driving a motor vehicle in the Province and the privilege of using or having in the Province a motor vehicle regis-tered in another province, state or country in the name of that person, other than to remove it from the Province, are forthwith suspended and withdrawn.

R. S., c. 293 motor vehicle 173 NOVEMBER 9, 2023(2) Where a person whose privileges are subject to suspension and withdrawal under this Section satisfies the Registrar that (a) at the time of the accident the motor vehicle was a sto-len vehicle; or (b) the only damage resulting from the accident is to the person or property of the owner and of the driver and of passengers in the vehicle, the Registrar shall restore the privileges so suspended or withdrawn. (3) Where a person whose privileges are subject to suspension and withdrawal under this Section (a) produces to the Registrar a financial responsibility card or a motor vehicle liability insurance card in respect of the motor vehicle involved in the accident and in full force at the time of the accident; or (b) where the Registrar is satisfied that at the time of the accident there was in force a motor vehicle liability policy issued to that person or for his benefit by an insurer (i) licensed to do business in the Province, or (ii) who complies with the conditions set out in subsection (4) of Section 236, or (iii) authorized to do business in any province or territory of Canada in which there is in force, in the opinion of the Registrar, legislation to the same effect as Section 126 of the Insurance Act, the Registrar shall restore the privileges so suspended or withdrawn. (4) Subject to subsections (2) and (3) and Section 233, any privi-lege suspended or withdrawn under subsection (1) shall remain suspended and with-drawn until the person gives proof of financial responsibility to the amounts and in any of the forms mentioned in Sections 235 and 236, and (a) gives security, sufficient in the opinion of the Regis-trar, to satisfy any judgment that may thereafter be recovered against such person as a result of the accident, or any sum that may be agreed upon as liquidated damages, but subject to the limits as to amount stated in Section 207; or (b) produces to the Registrar proof satisfactory to the Reg-istrar that he has satisfied all claims against him for damage to prop-erty in an amount of fifty dollars or more and bodily injury to, or the death of, any person, resulting from the accident up to the limits as to amount stated in Section 207. R. S., c. 293, s. 232.

174 motor vehicle R. S., c. 293 NOVEMBER 9, 2023Voluntary filing of proof of financial responsibility 233 (1) An owner's permit and driver's license, or, in the case of a person not resident in the Province, the privilege of operating any motor vehicle in the Province, and the privilege of operation within the Province of any motor vehi-cle owned by such non-resident, shall not be suspended or withdrawn under Sec-tions 203 to 246 if such owner, driver or non-resident has voluntarily filed or deposited with the Registrar, prior to the offence or accident, out of which any con-viction, judgment or order arises, proof of financial responsibility, which, at the date of such conviction, judgment, or order, is valid and sufficient for the requirements of this Act. (2) The Registrar shall receive and record proof of financial responsibility voluntarily offered, and if any conviction or judgment against such person is thereafter notified to the Registrar which, in the absence of such proof of financial responsibility would have caused the suspension of the driver's license or owner's permit under this Act, the Registrar shall forthwith notify the insurer or surety of such person of the conviction or judgment so reported. R. S., c. 293, s. 233. Failure to maintain financial responsibility 234 (1) Where proof of financial responsibility is given by any person required to give proof of financial responsibility pursuant to the provisions of Sec-tion 205 or 231 and such proof of financial responsibility is no longer maintained and such person has not been subsequently exempted from maintaining proof of financial responsibility, the Registrar shall suspend every driver's license or privi-lege of obtaining a driver's license and owner's permit or permits of such person issued pursuant to this Act until such proof of financial responsibility is again main-tained. (2) If any person to whom subsection (1) applies is not a resident of the Province, the privilege of operating a motor vehicle within the Province and the privilege of operation within the Province of a motor vehicle owned by him is suspended and withdrawn forthwith until he again maintains proof of financial responsibility. R. S., c. 293, s. 234. Amount of financial responsibility 235 Except as otherwise provided, where proof of financial responsibility is required to be given by any person pursuant to Sections 203 to 246, inclusive, it shall be given in the amount of five hundred thousand dollars by a driver and, in the case of an owner, in the amount of five hundred thousand dollars for each motor vehicle registered in the person's name. 2003 (2nd Sess. ), c. 1, s. 29; 2015, c. 45, s. 10. Manner of proof of financial responsibility 236 (1) Subject to subsection (3), proof of financial responsibility may be given in any one of the following forms: (a) the written certificate or certificates, filed with the Registrar, of any authorized insurer that it has issued, to or for the benefit of the person named therein, a motor vehicle liability policy

R. S., c. 293 motor vehicle 175 NOVEMBER 9, 2023or policies in form hereinafter prescribed that, at the date of the certif-icate or certificates, is in full force and effect and that designates therein, by explicit description, or by other adequate reference, all motor vehicles to which the policy applies, and any such certificate or certificates shall be in the form approved by the Registrar and shall cover all motor vehicles registered in the name of the person furnish-ing such proof, and the said certificate or certificates, shall certify that the motor vehicle liability policy or policies therein mentioned shall not be cancelled or expire, except upon ten days prior written notice thereof to the Registrar, and until such notice is duly given the said certificate or certificates shall be valid and sufficient to cover the term of any renewal of such motor vehicle liability policy by the insurer, or any renewal or extension of the term of such driver's license or owner's permit by the Minister or the Department; (b) the bond of an approved guarantee or surety company, or a bond with personal sureties, approved as adequate security here-under; (c) the certificate of the Treasurer that the person named therein has deposited with him a sum of money or securities for money approved by him in the amount or value of five hundred thou-sand dollars for each motor vehicle registered in the name of such person, the Treasurer shall accept any such deposits and issue a cer-tificate therefor, if such deposit is accompanied by evidence that there are no unsatisfied executions against the depositor registered in the office of the sheriff for the county in which the depositor resides; (d) where the owner of a trolley coach is a corporation, the written certificate of the Superintendent of Insurance for the Province showing that the corporation maintains an accident reserve or sepa-rate insurance fund for the purpose of satisfying therefrom inter alia liabilities it may incur resulting from the death of or bodily injuries to any person or damage to property occasioned by or arising out of the ownership, maintenance, operation or use of a motor vehicle by the corporation and indicating that, in the opinion of the Superintendent of Insurance, the reserve or fund is adequate to satisfy all such liabili-ties that the corporation is likely to incur. (2) The Minister may, in his discretion, at any time, require addi-tional proof of financial responsibility, to that filed or deposited by any driver or owner pursuant to this Act, and the Registrar may suspend the driver's license and owner's permit or permits pending such additional proof. (3) repealed 2003 (2nd Session), c. 1, s 31. (4) A person who is not a resident of the Province may, for the purposes of this Act, give proof of financial responsibility as provided in subsec-tion (1), or by filing a certificate of insurance in a form approved by the Registrar issued by any insurer authorized to transact insurance in the province or state in

176 motor vehicle R. S., c. 293 NOVEMBER 9, 2023which the person resides, provided the insurer has filed with the Registrar, in the form prescribed by him, (a) a power of attorney authorizing the Registrar to accept service of notice or process for itself and for its insured in any action or proceeding arising out of a motor vehicle accident in the Province; (b) an undertaking to appear in any such action or pro-ceeding of which it has knowledge; and (c) an undertaking not to set up as defence to any claim, action or proceeding under a motor vehicle liability policy issued by it, a defence which might not be set up if such policy had been issued in the Province in accordance with the law of the Province relating to motor vehicle liability policies, and to satisfy up to the limits of lia-bility stated in the policy, any judgment rendered and become final against it or its insured by a court in the Province in any such action or proceeding. (5) If an insurer which has filed the documents described in sub-section (4) defaults thereunder, certificates of the insurer shall not thereafter be accepted as proof of financial responsibility under this Act so long as the default continues, and the Registrar shall forthwith notify the registrar of motor vehicles or other officer, if any, in charge of registration of motor vehicles and the licensing of operators in all provinces and states where the certificates of the insurer are accepted as proof of financial responsibility. R. S., c. 293, s. 236; 2003 (2nd Session), c. 1, ss. 30, 31. Use of security 237 (1) The bond filed with the Registrar and the money or securities deposited with the Minister of Finance and Treasury Board shall be held by him in accordance with this Act, as security for any judgment against the owner or driver filing the bond or making the deposit, in any action arising out of damage caused after such filing or deposit, by the operation of any motor vehicle. (2) Money and securities so deposited with the Minister of Finance and Treasury Board shall not be subject to any claim or demand, except an execution on a judgment for damages, for personal injuries, or death, or injury to property occurring after such deposit, as a result of the operation of a motor vehicle. (3) If a judgment to which Sections 203 to 246 apply is rendered against the principal named in the bond filed with the Registrar, and the judgment is not satisfied within fifteen days after it has been rendered, the judgment creditor may, for his own use and benefit, and at his sole expense, bring an action on the bond in the name of the Minister of Finance and Treasury Board, against the per-sons executing the bond. R. S., c. 293, s. 237; O. I. C. 2013-348.

R. S., c. 293 motor vehicle 177 NOVEMBER 9, 2023Chauffeur or family member 238 If the Registrar finds that any driver to whom Sections 203 to 246 apply, was, at the time of the offence for which he was convicted, employed by the owner of the motor vehicle involved therein as chauffeur, or motor vehicle operator, whether or not so designated, or was a member of the family or household of the owner, and that there is no motor vehicle registered in the Province in the name of such driver as an owner, then, if the owner of such motor vehicle submits to the Registrar, who is hereby authorized to accept it, proof of his financial responsibility, as provided by this Act, such chauffeur, operator or other person, shall be relieved of the requirement of giving proof of financial responsibility on his own behalf. R. S., c. 293, s. 238. Payment of judgment by instalment 239 (1) A judgment debtor to whom Sections 203 to 246 apply may, on due notice to the judgment creditor, apply to the court in which the trial judgment was obtained for the privilege of paying the judgment in instalments, and the court may, in its discretion, so order, fixing the amounts and times of payment of the instalments. (2) While the judgment debtor is not in default in payment of such instalments, he shall be deemed not in default for the purposes of this Act in payment of the judgment, and upon proof of financial responsibility for future acci-dents pursuant to this Act, the Minister may restore the driver's license or privilege of obtaining a driver's license and owner's permits, of the judgment debtor, but such driver's license or privilege of obtaining a driver's license and owner's permits shall again be suspended and remain suspended, as provided in Section 227, if the Regis-trar is satisfied of default made by the judgment debtor, in compliance with the terms of the court order. R. S., c. 293, s. 239. Report to Registrar of judgment or conviction 240 (1) It shall be the duty of the clerk or prothonotary of the court, or of the court where there is no clerk or prothonotary, in which any final order, judg-ment, or conviction to which Sections 203 to 246 apply, is rendered, to keep an ade-quate record of any such final order, judgment or conviction and to forward by prepaid registered post to the Registrar, immediately after the date upon which the order, judgment, or conviction becomes final by affirmation upon appeal, or by expiry without appeal of the time allowed for appeal a certified copy of the order, judgment, or conviction, or a certificate thereof, in form prescribed by the Registrar. (2) Any such copy or certificate shall be prima facie evidence of the order, judgment, or conviction. (3) The clerk or other official charged with this duty of reporting to the Registrar, shall be entitled to collect and receive a fee of one dollar for each copy or certificate hereby required, which fee shall be paid as part of the court costs, in case of a conviction, by the person convicted, and, in case of an order or judg-ment, by the person for whose benefit judgment is issued.

178 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(4) If the defendant is not resident in the Province, it shall be the duty of the Registrar, to transmit to the registrar of motor vehicles or other officer, if any, in charge of the registration of motor vehicles and the licensing of operators in the province or state in which the defendant resides, a certificate of the said order, judgment or conviction. R. S., c. 293, s. 240. Abstract of record 241 (1) The Registrar shall, upon request, and on payment of the pre-scribed fee, furnish to any insurer, surety or other person, a certified abstract of the operating record of any person subject to this Act, which abstract shall fully desig-nate the motor vehicles, if any, registered in the name of such person, and the record of any conviction of such person for a violation of any provision of any statute relat-ing to the operation of motor vehicles, any suspension under Section 279C or 279K, or any judgment against such person for any injury or damage caused by such per-son, according to the records of the Registrar, and if there is no record of any such conviction, suspension or judgment in the office of the Registrar, the Registrar shall so certify. (2) The Registrar, upon written request, shall furnish any person who may have been injured in person or property by any motor vehicle with all information of record in his office pertaining to the proof of financial responsibility of any owner or driver of any motor vehicle furnished pursuant to this Act. R. S., c. 293, s. 241; 2009, c. 21, s. 1; 2018, c. 3, s. 54. Return of license and permit and plates 242 (1) Any owner or driver whose permit or license has been sus-pended, as herein provided, or whose policy of insurance or surety bond, has been cancelled or terminated as herein provided, or who neglects to furnish additional proof of financial responsibility upon the request of the Registrar as herein pro-vided, shall immediately return to the Registrar his driver's license, his motor vehi-cle permit or permits, and all number plates issued thereunder. (2) If any such person fails to return his license, permits and plates as provided herein the Registrar may direct any peace officer to secure pos-session thereof and return the same to the office of the Registrar. (3) Any person failing to return his license, permits and plates when so required, or refusing to deliver the same when requested to do so by the peace officer, shall be guilty of an offence. R. S., c. 293, s. 242; 2002, c. 10, s. 18. Transfer of suspended permit or registration 243 If an owner's permit has been suspended under Sections 203 to 246, the permit shall not be transferred nor the motor vehicle in respect of which the per-mit was issued, registered in any other name until the Registrar is satisfied that the transfer or registration is proposed in good faith and not for the purpose, or with the effect, of defeating the purposes of this Act. R. S., c. 293, s. 243.

R. S., c. 293 motor vehicle 179 NOVEMBER 9, 2023Period of maintaining proof 244 Where proof of financial responsibility is required pursuant to Sec-tion 227 before the issuance of an owner's permit or driver's license or the renewal thereof, such proof shall be maintained for a period of three years or such longer period as the Minister directs. R. S., c. 293, s. 244. Cancellation of bond or return of security 245 (1) The Minister may cancel any bond or return any certificate of insurance, or the Minister of Finance and Treasury Board may, at the request of the Minister, return any money or securities deposited pursuant to Sections 203 to 246, as proof of financial responsibility, at any time after three years from the date of the original deposit thereof, provided that the owner or driver on whose behalf such proof was given has not, during the said period, or any three-year period immedi-ately preceding the request, been convicted of any offence mentioned in Section 205 and provided that no action for damages is pending and no judgment is outstanding and unsatisfied in respect of damage to property in an amount of fifty dollars or more or bodily injury to, or the death of any person resulting from the operation of a motor vehicle, and a statutory declaration of the applicant under this Section shall be sufficient evidence of the facts in the absence of evidence to the contrary in the records of the Registrar. (2) The Minister may direct the return of any bond, money or securities, to the person who furnished the same, upon the acceptance and substitu-tion of other adequate proof of financial responsibility, pursuant to this Act. (3) The Minister may direct the return of any bond, money or securities deposited under this Act to the person who furnished the same at any time after three years from the date of the expiration or surrender of the last owner's per-mit or driver's license issued to such person, if no written notice has been received by the Registrar within such period of any action brought against such person in respect of the ownership, maintenance, or operation of a motor vehicle, and upon the filing by such person with the Registrar of a statutory declaration that such per-son no longer resides in the Province, or that such person had made a bona fide sale of any and all motor vehicles owned by him, naming the purchaser thereof, and that he does not intend to own or operate any motor vehicle in the Province within a period of one or more years. R. S., c. 293, s. 245; O. I. C. 2013-348. Motor vehicle liability policy and certificate 246 (1) A motor vehicle liability policy referred to in this Act shall be in the form prescribed by Part VI of the Insurance Act for an owner's policy or a driver's policy, as the case may be, and approved thereunder by the Registrar for the purposes of this Act. (2) Any insurer which has issued a motor vehicle liability policy shall, as and when the insured may request, deliver to him for filing or file direct with the Registrar, a certificate for the purposes of this Act.

180 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(3) A certificate filed with the Registrar for the purposes of this Act shall be deemed to be a conclusive admission by the insurer that a policy has been issued in the form prescribed by subsection (1) and in accordance with the terms of the certificate. (4) An insurer shall, at the request of the Registrar, notify the Registrar of the cancellation or expiry of the motor vehicle liability policy to which the request relates and the date on which the policy was cancelled or expired. (5) Where a person, who is not a resident of the Province, is a party to an action for damages arising out of a motor vehicle accident in the Prov-ince for which indemnity is provided by a motor vehicle policy, the insurer named in the policy shall, as soon as it has knowledge of the action from any source, and whether or not liability under such policy is admitted, notify the Registrar in writ-ing, specifying the date and place of the accident and the names and addresses of the parties to the action and of the insurer, which notification shall be open to inspection by parties to the action. (6) Notwithstanding anything in this Act contained, the Registrar may decline to accept as proof of financial responsibility the certificates of any insurer which fails to comply with subsection (5). R. S., c. 293, s. 246; 2003 (2nd Session), c. 1, s. 32; 2015, c. 45, s. 13. DEMERIT RATING Driver record 247 (1) The Minister may require the Registrar to keep records of or classify persons who have been convicted for a violation of any statute relating to the operation of motor vehicles, or who have been responsible for accidents or who have been required to prove their financial responsibility under this Act, or whose operating record has otherwise shown them to be extra hazardous risks for the pur-pose of motor vehicle liability insurance. (2) Upon request of the Registrar any authorized insurer shall cer-tify to him the premium rate which has been charged any person for motor vehicle liability insurance and furnish him with a certified copy of any motor vehicle liabil-ity insurance policy issued to the person. R. S., c. 293, s. 247. LIABILITY OF OWNER 248 to 255 repealed 2011, c. 35, s. 12. Hit and run claim 256 (1) Subject to the other provisions of this Section, where the death of or personal injury to any person is occasioned in the Province on or after the first day of January, 1959, by reason of ownership, maintenance, operation or use of a

R. S., c. 293 motor vehicle 181 NOVEMBER 9, 2023motor vehicle and the person having a cause of action in respect of the death or injury cannot establish (a) the identity of the motor vehicle and of the driver and owner thereof; or (b) the identity of the driver, where at the time the death or injury was caused the vehicle was in the possession or charge of a person without the consent of the owner, the person having the cause of action in respect of the death or injury may bring an action in the Trial Division of the Supreme Court or in a county court against the Registrar in his name of office. (2) No action shall be brought against the Registrar under this Section unless two months previous notice in writing of intention to bring the action has been given to the Registrar, which notice contains the name and residence of the intended plaintiff and a statement of the cause of action, and is accompanied by an affidavit of the intended plaintiff or some person on his behalf that there exist in the case the circumstances set out in clauses (a) to (d) of subsection (5). (3) No action shall be brought under this Section after the expiry of one year from the date on which the cause of action arose. (4) In any action brought under this Section, the Registrar shall, for the purposes of the action, be deemed to be the defendant, but shall not be liable personally or in his official capacity for payment of any judgment rendered in the action. (5) If, on the trial of an action brought under this Section, the court is satisfied (a) that the plaintiff would have a cause of action against the owner or driver of the motor vehicle in respect of the death or per-sonal injury occasioned by the motor vehicle; (b) that all reasonable efforts have been made to ascertain the identity of the motor vehicle and of the owner and driver thereof; (c) that the identity of the motor vehicle and the owner and driver thereof cannot be established, or where the vehicle was in the possession or charge of a person without the consent of the owner, that the identity of the driver cannot be established; and (d) that the action is not brought by or on behalf of an insurer in respect of any amount paid or payable by reason of the existence of a policy of automobile insurance within the meaning of Part VI of the Insurance Act and that no part of the amount sought to be recovered in the action is sought in lieu of making a claim or receiving a payment which is payable by reason of the existence of a policy of automobile insurance within the meaning of that Act and that no part of the amount so sought will be paid to an insurer to reim-

182 motor vehicle R. S., c. 293 NOVEMBER 9, 2023burse or otherwise indemnify the insurer in respect of any amount paid or payable by it by reason of the existence of a policy of automo-bile insurance within the meaning of that Act, the court may order the entry against the Registrar of any judgment for damages that it might have ordered against the owner or driver of the motor vehicle in an action by the plaintiff. (6) No costs or disbursements shall be allowed or awarded against the Registrar in an action under this Section. (7) A judgment against the Registrar shall not include any amount for compensation or indemnity for damages in respect of which the plaintiff has received or is entitled to receive compensation or indemnity from any person other than the driver or owner of the motor vehicle which occasioned the personal injury or death. (8) For the purpose of exercising its rights of subrogation under the Automobile Insurance Act (Quebec), the Régie de l'assurance automobile du Québec may commence a proceeding in its own name against the Registrar and obtain a judgment in respect of any matter concerning which a resident of Quebec is entitled to commence a proceeding and obtain a judgment under this Section. (9) The Régie, the Registrar and Judgment Recovery (N. S. ) Ltd. shall deal with the claim and any judgment under subsection (8), and the Régie may recover against Judgment Recovery (N. S. ) Ltd., as if the proceeding were com-menced by the Quebec resident in respect of whom the Régie has its rights of subro-gation. (10) Subsections (8) and (9) come into force on and not before the effective date of an agreement between the Régie and the Province entered into pur-suant to Section 319 of the Insurance Act, and apply to accidents occurring on, from and after that date. R. S., c. 293, s. 256. 257 repealed 2011, c. 35, s. 12. Identifying person in charge of vehicle 258 (1) When a motor vehicle is operated in violation of any of the provisions of this Act or of the regulations made under this Act, the registered owner of the vehicle on the request of the Registrar or of any peace officer shall, within forty-eight hours of the request, supply the Registrar or the peace officer with the name and address of the person in charge of the vehicle at the time of such vio-lation. (2) A registered owner, who refuses, fails, neglects or is unable to supply the name and address of the person in charge of the vehicle within forty-eight hours after being so requested, shall be liable on summary conviction to the penalty prescribed for the offence of the driver.

R. S., c. 293 motor vehicle 183 NOVEMBER 9, 2023(3) Where under this Section the registered owner of a motor vehicle, at the request of the Registrar or a peace officer, supplies the name of a per-son who had the motor vehicle with the consent of the owner, that person on the request of the Registrar or of any peace officer shall, within forty-eight hours of the request, supply the Registrar or the peace officer with the name and address of the person in charge of the vehicle at the time of the violation. (4) A person who is requested pursuant to subsection (3) to sup-ply the name and address of the person in charge of a vehicle and who refuses, fails, neglects or is unable to supply the name and address of the person in charge of the vehicle within forty-eight hours after being so requested is liable on summary con-viction to the penalty prescribed for the offence of the driver. (5) In lieu of imprisonment in default of payment of a fine pursu-ant to subsections (2) and (4), Sections 272 and 276 apply except that (a) a reference to “Minister” or “Crown” shall be read and construed to include a reference to a city, town or municipality to which the proceeds of the fine are payable; and (b) a reference to “Registrar” shall be read and construed to include a reference to the clerk of that city, town or municipality. (6) In any prosecution under this Section it shall be a defence if the registered owner or the person who had the vehicle with the consent of the regis-tered owner, as the case may be, can prove that the vehicle was being operated at the time of the violation without his knowledge or consent, either expressed or implied. (7) For the purpose of this Section, “registered owner” includes, in the case of a vehicle registered in another jurisdiction, the person who is the reg-istered owner of that vehicle in that jurisdiction. R. S., c. 293, s. 258; revision corrected. Liability of owner and driver 259 (1) The owner of a motor vehicle shall incur the fine provided for any violation of this Act or of any rule or regulation made by the Governor in Coun-cil, unless at the time of such violation the motor vehicle was in the possession of some person other than the owner without the owner's consent either expressed or implied, and the driver of a motor vehicle not being the owner shall also incur the penalties or other consequences provided for any such violation. (2) In lieu of imprisonment in default of payment by the owner of a motor vehicle of the fine referred to in subsection (1), Sections 272 and 276 apply except that (a) a reference to “Minister” or “Crown” shall be read and construed to include a reference to a city, town or municipality to which the proceeds of the fine are payable; and (b) a reference to “Registrar” shall be read and construed to include a reference to the clerk of that city, town or municipality.

184 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(3) If the owner of a motor vehicle is present therein at the time of the violation of any of the provisions of this Act, by another person operating the motor vehicle, the owner as well as the other person shall be guilty of the offence. R. S., c. 293, s. 259. Operation in illegal manner or when illegally equipped 260 (1) It shall be an offence for the owner, lessor or lessee of a motor vehicle, or for any person employing or otherwise directing the driver of a motor vehicle to require the operation of a motor vehicle upon a highway when the vehicle is equipped otherwise than as required or permitted by law, or is in excess of a weight permitted by law, or the operation of any vehicle in any manner contrary to law. (2) No person shall operate or have in his charge upon a highway a vehicle which is not equipped in the manner required by this Act or the regulations or which is equipped in a manner prohibited by this Act or the regulations. R. S., c. 293, s. 260. PART VII PROCEDURE Arrest without warrant 261 (1) A peace officer may arrest without warrant a person whom he finds committing an offence or has reason to believe has recently committed an offence against this Act. (2) A peace officer making such arrest without warrant shall with reasonable diligence take the person arrested before a judge of the provincial court or justice of the peace to be dealt with according to law. R. S., c. 293, s. 261. Regulations respecting voluntary penalty 262 (1) The Minister, with the approval of the Governor in Council, may make regulations providing for the voluntary payment of a penalty not less than the minimum penalty for a violation of this Act and providing for the persons or offices to or at which the voluntary penalty may be paid and providing generally as to the conditions which must exist before a voluntary payment of a penalty may be permitted. (2) Such payment shall be a full satisfaction, release and dis-charge of all penalties and imprisonments incurred by the person for the violation. (3) A payment shall not be accepted pursuant to this Section for a violation of this Act for which points are required to be entered pursuant to Sec-tion 282 unless the person signs a statement at the time payment is made in the fol-lowing form: The undersigned who is alleged to be guilty of (describe offence ).......... acknowledges that by virtue

R. S., c. 293 motor vehicle 185 NOVEMBER 9, 2023of the payment of $........ made pursuant to Section 262 of the Motor V ehicle Act, the points required to be entered on the record of a person convicted of the described offence will be entered on the record of the undersigned pursuant to Section 282 of the Motor Vehicle Act. R. S., c. 293, s. 262. Prior conviction 263 (1) A conviction may in any case be made under this Act as for a first offence notwithstanding that there has been a prior conviction for a first or any other offence or that the charge is for a second or third or a subsequent offence. (2) If it is disclosed during any trial that the accused person has been convicted previously of the same offence, the judge of the provincial court or justice of the peace, if he finds such person guilty, shall impose the penalty pre-scribed for a second, third or subsequent offence as the case may be whether or not the second, third or subsequent offence is stated in the charge. R. S., c. 293, s. 263; revi-sion corrected. Evidence 264 (1) In any proceedings in any court it shall not be necessary to produce the original of any book, document, regulation or register kept in the pos-session of the Department, but a copy or an extract, certified by the Registrar, under the seal of the Department or a certificate signed by the Registrar as to certain facts appearing on the records of the Department, shall be received in evidence as suffi-cient proof of the contents of the original without proof of such seal or of such sig-nature or of the official character of the person appearing to have signed the same. (2) A certificate under the signature of the Registrar and the seal of the Department that a certificate, a permit or a license has or has not been issued to a certain person, that a certain person is or is not the owner or the registered owner of a certain motor vehicle or that number plates have been issued to and are owned by an individual shall be sufficient proof of the matters contained therein, and such certificate shall be received in evidence without proof of such seal or of such signa-ture or of the official character of the person appearing to have signed the same. (3) A certificate purporting to be signed by the Registrar and to bear the seal of the Department that the Registrar has not received a report of an accident shall be received in evidence without proof of the signature or seal or of the official character of the person who appears to have signed the certificate and shall be prima facie proof that the driver of the vehicle involved in the accident did not report the accident as required by subsection (1) of Section 98. (4) An abstract of the driving record of a driver that purports to be signed by the Registrar and bear the seal of the Department shall be received in evi-dence without proof of the signature, seal or official character of the person who appears to have signed the abstract, and is prima facie proof of its contents.

186 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(5) Any document referred to in subsection (1), (2) or (4) certified by, under the signature of or purporting to be signed by an official in another prov-ince performing duties similar to those of the Registrar and bearing the seal of a department in another province, or a facsimile of the document, shall be received in evidence in the same manner and has the same effect as a document received in evi-dence pursuant to subsection (1), (2) or (4) and Section 265 applies mutatis mutan-dis. R. S., c. 293, s. 264; 1995-96, c. 23, s. 4; 2002, c. 20, s. 5. Facsimile signature 265 Where the Minister, the Registrar, Deputy Registrar, Director of Highway Safety or any other officer of the Department is required or authorized to sign a document of any kind or affix his signature, the document shall be deemed to be signed or the signature affixed where the signing is carried out or the signature affixed by means of an engraving, lithograph, stamp or other facsimile. R. S., c. 293, s. 265. Notice of conviction or appeal to Registrar 266 (1) In this Section, “court” means a judge, justice, prothonotary, clerk of the court, clerk of the Crown or a person acting in any such capacity. (2) Where a conviction is entered or an appeal is concluded upon a charge under this Act or under any provision of the Criminal Code (Canada) hav-ing particular relation to a motor vehicle, the court shall certify the same to the Reg-istrar and, where an appeal is commenced in respect of such a charge, the court appealed from shall certify the same to the Registrar immediately upon being noti-fied of the appeal. (3) For the purpose of subsection (2), the Registrar may furnish a form setting out details of information required and where one is so furnished the court shall make its certificate in that form. (3A) Notwithstanding subsections (2) and (3) the court, in lieu of certifying a conviction to the Registrar, may cause the details of the conviction to be entered directly into the electronic data processing system of the Registrar. (4) For the purpose of subsection (2), an appeal is deemed to be concluded when a decision or opinion allowing or dismissing the appeal is handed down, the appeal is abandoned, or the right to proceed with the appeal is extin-guished and it shall not depend on whether a final order has been granted. (5) Where a court being appealed to directs that an order made pursuant to section 320. 18 of the Criminal Code (Canada) be stayed pending the final disposition of the appeal or until further ordered by that court, the court shall certify the same to the Registrar. (6) Where a conviction is entered, or where a conviction is con-firmed on appeal, for a charge under this Act or any provision of the Criminal Code (Canada) having particular relation to a motor vehicle, the judge or justice may rec-

R. S., c. 293 motor vehicle 187 NOVEMBER 9, 2023ommend to the Registrar that the driver's license or privilege of obtaining a driver's license of the convicted person be suspended for a period of time. (7) Where a person pleads guilty to or is found guilty of an offence against section 320. 14 or 320. 15 of the Criminal Code (Canada) and an order directing that the accused be discharged is made under section 730 of that Act, this Section applies in the same manner as if the person were convicted of the offence. R. S., c. 293, s. 266; 1990, c. 36, s. 5; 2018, c. 3, s. 55. Penalties and imprisonment 267 (1) The penalties and imprisonments prescribed for the violation of any of the provisions of this Act shall be recovered or enforced under the Sum-mary Proceedings Act, provided, however, that where any pecuniary penalty either with or without imprisonment is prescribed for the violation of any of the provisions of this Act, such pecuniary penalty in lieu of being recovered as aforesaid may be recovered with costs by civil action or proceeding by and in the name of the Minis-ter in any court having jurisdiction in cases of simple contract to the amount of the pecuniary penalty, but the imprisonment prescribed, if any, shall not be imposed or enforceable in such action. (2) Such action may be brought and prosecuted by the Minister in his name of office and may be continued by his successor in office as if no change had occurred. R. S., c. 293, s. 267. Collection and disposition of penalty 268 (1) Whenever a judge of the provincial court or justice of the peace has imposed any pecuniary penalty for a violation of any of the provisions of this Act and such pecuniary penalty is required to be paid over to the Registrar under subsection (2), such pecuniary penalty shall be paid into court at the time sen-tence is imposed or within seven days thereafter and if such pecuniary penalty is not so paid the judge of the provincial court or justice of the peace shall (a) obtain from the Registrar within seven days of the date of sentence, written authority to extend the time of payment of the said pecuniary penalty to such date as may be satisfactory to the Reg-istrar; or (b) issue a warrant of commitment for the term of impris-onment imposed in default of payment. (2) Any pecuniary penalty prescribed for the violation of any of the provisions of this Act shall when recovered be appropriated as follows: (a) where the prosecutor is a police officer, constable or other officer of a city or town, the penalty shall belong to the city or town; (b) in all other cases the penalty shall belong to the Prov-ince and shall form part of the General Revenue Fund of the Province and shall be paid over to the Registrar within forty-eight hours.

188 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(3) Where (a) a person is convicted of a violation of subsection (2) of Section 191 or of any regulation made under clause (a) of subsec-tion (1) of Section 191; (b) the registered weight of the vehicle with which the vio-lation was committed was at the time of the violation less than the maximum weight for which it could be registered under this Act or the regulations; (c) the person and the owner of the vehicle had not been convicted before of a violation of the sort referred to in clause (a); (d) the person has paid the pecuniary penalty imposed for the violation; and (e) the pecuniary penalty has been paid over to the Regis-trar, the Registrar, on the written request of the person, may apply the pecuniary penalty so far as it will extend toward payment to the Department on behalf of the person or of the owner of the vehicle of the difference between the registration fees already paid for the registration of the vehicle for the current year and the amount of fees required to permit the registration of the vehicle for the maximum weight permitted for it under this Act and the regulations, and shall thereupon amend the registration of the vehicle for that year to show that its registered weight is the weight for which it would have been registered upon payment of a fee equal to the aggregate of the fee already paid for the registration of the vehicle for the current year and the amount so applied by the Registrar. R. S., c. 293, s. 268; 2010, c. 2, s. 84. Default of payment of fine or costs 269 (1) Where a person is in default of payment of all or part of a fine and costs imposed upon conviction for (a) an offence under this Act or the regulations; (aa) an offence under a municipal by-law involving the unlawful parking, standing or stopping of a motor vehicle; (b) an offence under another enactment of the Province where the offence involves the operation of a motor vehicle; or (c) an offence under a Federal enactment where the offence involves the operation of a motor vehicle, the justice, judge or clerk of the court in which the fine and costs were imposed shall prepare and forward to the Registrar a certificate of the default, in the form and within the time prescribed by the Attorney General. (2) Where a person is in default of payment pursuant to subsec-tion (1), the Registrar may refuse to renew a driver's license or owner's permit or transfer or register a vehicle of such person or refuse to issue a document to that per-

R. S., c. 293 motor vehicle 189 NOVEMBER 9, 2023son or provide any other service until the fine and costs imposed have been paid in full. (3) Where a person pays the fine and costs imposed pursuant to subsection (1), the justice, judge or clerk of the court in which the fine was imposed shall immediately certify to the Registrar that the fine and costs have been paid in full. (4) Where a person is in default of payment of all or part of a fine and costs imposed upon conviction for an offence under an enactment of another province of Canada where the offence involves the operation of a motor vehicle and the Registrar has been notified of the default, the Registrar may refuse to renew a driver's license or owner's permit or transfer or register a vehicle of such person or refuse to issue a document to that person or provide any other such service until the fine and costs imposed have been paid in full. (5) to (9) repealed 1990, c. 36, s. 6. R. S., c. 293, s. 269; 1990, c. 36, s. 6; 1994, c. 24, s. 6; 1994-95, c. 18, s. 3. Misconduct by court official 270 It shall be an offence for any judge of the provincial court, justice of the peace or any clerk or prothonotary of a court to fail, refuse or neglect to comply with Section 240, 266 or 268 and such failure, refusal or neglect shall constitute misconduct in office and shall be ground for removal therefrom. R. S., c. 293, s. 270. Certificate of reversal upon appeal 271 (1) Whenever any person is convicted of an offence against this Act or against a provision of the Criminal Code (Canada) having particular relation to motor vehicles and the person appeals from the decision of the judge of the pro-vincial court or justice of the peace and the decision is reversed on appeal such per-son may obtain from the court a certificate of such reversal. (2) Such certificate shall be forwarded to the Department and upon receipt of the certificate the Registrar shall enter the same upon the records of the Department. R. S., c. 293, s. 271. LIENS, SEIZURES AND SALES Lien on vehicle for fine and costs 272 (1) The Minister shall have a first and paramount lien upon a vehicle for the amount of any fine and costs imposed upon the owner or driver of the vehicle under this Act. (2) If such fine and costs are not paid the Registrar may seize, impound and take into custody any such vehicle.

190 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(3) If such fine and costs or any part thereof remains unpaid for a period of ninety days after the date of seizure, impounding and taking into custody, the Minister shall have the right in addition to all other remedies provided by law, to sell such vehicle as provided in Section 276 and the amount of said fine and costs may be deducted from any proceeds of such sale. R. S., c. 293, s. 272. Seizure of vehicle involved in offence 273 (1) The Registrar, any official of the Department or any peace officer may seize a motor vehicle with which an offence has been committed under this Act or under any section of the Criminal Code (Canada) having particular rela-tion to motor vehicles and may detain the same until the final disposition of any prosecution instituted for such offence but such motor vehicle may be released on such security for its production being furnished as the Registrar may require. (2) Any peace officer may cause a vehicle parked in a tow-away zone or a no stopping zone to be removed and impounded until claimed by the per-son in charge of the vehicle and Section 275 shall apply to vehicles impounded under this subsection. R. S., c. 293, s. 273. Seizure of vehicle involved in racing or betting 273A (1) Where a peace officer is satisfied that a motor vehicle is being operated in the course of committing an offence under Section 163, the peace officer shall (a) notify the Registrar or cause the Registrar to be noti-fied of the fact; and (b) seize and impound the motor vehicle. (2) Any personal property present in the motor vehicle that is seized and impounded pursuant to subsection (1), other than personal property attached to or used in connection with the operation of the motor vehicle, shall be released to the owner of the personal property upon request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence under this Act. (3) Except as otherwise provided by this Section, no person shall remove or release, or permit the removal or release of, a motor vehicle impounded under subsection (1) where (a) the driver of the motor vehicle is charged with a first offence, for a period of seven days; or (b) the driver of the motor vehicle is charged with a sec-ond or subsequent offence, for, subject to Section 274, a period of thirty days. (4) Where a motor vehicle is seized and impounded, a peace officer may authorize the removal or release of the motor vehicle if the peace officer is satisfied that

R. S., c. 293 motor vehicle 191 NOVEMBER 9, 2023(a) the vehicle is stolen; (b) at the time the motor vehicle was detained, the driver was in possession of it without the knowledge and consent of the owner; or (c) the owner could not reasonably have known that the vehicle would be operated in the course of committing an offence under Section 163. (5) The owner of a motor vehicle impounded under subsection (1) may, where the owner is not charged with the offence in respect of which the vehi-cle was detained, apply to the Registrar for the release of the vehicle by (a) making an application in the form and manner required by the Registrar; and (b) paying the prescribed application fee. (6) Where the Registrar receives an application and payment of the application fee described in subsection (5) and is satisfied that (a) at the time the motor vehicle was impounded, the driver was in possession of it without the knowledge and consent of the owner; or (b) the owner could not reasonably have known that the vehicle was being operated in the course of committing an offence under Section 163, the Registrar shall authorize the release or removal of the motor vehicle to the owner. (7) Section 275 applies to motor vehicles seized and impounded under subsection (1) except that no lien attaches to a stolen vehicle. (8) The Governor in Council may make regulations prescribing fees for the purpose of this Section. (9) The exercise by the Governor in Council of the authority con-tained in subsection (8) is regulations within the meaning of the Regulations Act. 2005, c. 32, s. 4; 2007, c. 45, s. 17. Seizure of vehicle upon third offence 274 (1) In the event of a third conviction being entered against a per-son under this Act, the motor vehicle which was being operated by the person so convicted at the time of the commission of such third offence may be seized, impounded and taken into the possession of any peace officer and held at the discre-tion of the Minister, for such period as the Minister may deem expedient. (2) If the person so convicted gives a bond satisfactory to the Minister that such motor vehicle shall not be operated upon any highway during

192 motor vehicle R. S., c. 293 NOVEMBER 9, 2023such period as the Minister may direct, such motor vehicle may be returned to the person convicted or to the owner of such motor vehicle, and if such motor vehicle shall be operated on the highway during the period designated by the Minister as the time during which it is not to be operated, such bond shall be forfeited and such motor vehicle shall be deemed to have been operated without permit. R. S., c. 293, s. 274. Lien on seized vehicle 275 (1) Whenever any motor vehicle is seized, taken into custody or possession or impounded under this Act by an official of the Department or a peace officer or upon an order of the Minister or the Registrar, all charges necessarily incurred by the official, officer or person acting under that order in the performance of such duty are a lien upon the motor vehicle. (2) Any person who is designated by an official of the Depart-ment, a peace officer or upon an order of the Minister or the Registrar to tow, store or perform other services in connection with the seizure, taking into custody or pos-session or impoundment of a motor vehicle has a lien on the vehicle for the charges for those services. (2A) Whenever any motor vehicle is impounded under this Act by an impoundment facility by order of the Minister, the Registrar, an official of the Department or a peace officer, any towing and storage costs incurred by the impoundment facility under this Act, the Warehouseman's [Warehousemen's Lien ] Act or the Liens Act are a lien upon the motor vehicle. (3) Where the motor vehicle has been impounded for a period of thirty days, the official of the Department or peace officer who seized or impounded the motor vehicle or the person who ordered the seizure, taking into custody or pos-session, or impoundment of the motor vehicle may order the sale of the motor vehi-cle. 2001, c. 12, s. 8; 2015, c. 45, s. 14. Disclosure of registered owner 275A Where an impoundment facility is authorized under this Act, the Warehouseman's [Warehousemen's Lien ] Act or the Liens Act to sell an impounded vehicle after providing notice to the registered owner, the Registrar or any peace officer may disclose the name, address and telephone number of the registered owner to the impoundment facility. 2015, c. 45, s. 15. Sale of vehicle by tender or public auction 276 (1) Whenever a motor vehicle is sold by the Minister, the Regis-trar, the Department or a person who has a lien on the motor vehicle under this Act, the sale shall be by tender or by public auction and, at least seven days before the sale, notice of the sale shall be published in one or more newspapers published and circulated in the Province and at the same time mailed to the registered owner of the motor vehicle by registered mail addressed to the owner at the owner's name and address as they appear on the records of the Department.

R. S., c. 293 motor vehicle 193 NOVEMBER 9, 2023(2) The proceeds of a sale referred to in subsection (1) shall be applied to the payment of any debt, lien or charge incurred in connection with the seizure, towing, taking into custody or possession, storage or impoundment of the motor vehicle and, where the proceeds are insufficient to pay all such debts, liens or charges, the proceeds shall be paid to the persons entitled thereto pari passu. (3) Any proceeds remaining after payment of the debts, liens or charges referred to in subsection (2) shall be held by the Department for one month after the sale, and any claim or claims to the proceeds, or any portion thereof, must be established within the one-month period, and, after the one-month period has elapsed, where no claim to the proceeds has been established, the proceeds so held by the Department escheat to His Majesty in right of the Province and all claims for interest in the motor vehicle or in the proceeds derived from the sale of the motor vehicle are forever barred. 2001, c. 12, s. 8. CANCELLATION OF REGISTRATION AND REVOCATION OF PERMIT OR LICENSE Cancellation or revocation by Minister 277 (1) The Minister whenever he deems it expedient may cancel the registration of any vehicle registered under this Act. (2) The Minister whenever he deems it expedient may revoke any permit or license issued under this Act. R. S., c. 293, s. 277. Revocation upon conviction 278 (1) Subject to subsections (3) and (4), a person's driver's license or privilege of obtaining a driver's license is revoked upon the person's conviction, in the Province, for any of the following crimes or offences: (a) manslaughter resulting from the operation of a motor vehicle, in violation of section 236 of the Criminal Code (Canada); (b) an offence against section 220, 221 or [,] 320. 13, 320. 14, 320. 15, 320. 16, 320. 17, 320. 18, 333. 1 or 335 of the Criminal Code (Canada); (c) theft of a motor vehicle or theft of gasoline or diesel oil as defined in the Revenue Act in violation of section 334 of the Crim-inal Code (Canada); (d) any offence against the Criminal Code (Canada) desig-nated by the Governor in Council; (da) any offence against the Criminal Code (Canada) where the person used a motor vehicle in the commission of an offence, other than an offence referred to in this subsection, except where the Criminal Code (Canada) provides for the revocation of a driver's license upon conviction;

194 motor vehicle R. S., c. 293 NOVEMBER 9, 2023(e) making a false affidavit, declaration or statement to the Department or the Registrar in violation of this Act; or (f) a violation of Section 287 of this Act. (1A) For greater certainty and for the purpose of clause (da) of sub-section (1), a person uses a motor vehicle in the commission of an offence when the person uses a motor vehicle to drive to or from the scene of a crime or to commit a crime. (2) For greater certainty, where a person's driver's license or priv-ilege of obtaining a driver's license is revoked at the time of the person's conviction for a crime or offence to which subsection (1) applies, the revocation pursuant to subsection (1) is a second or subsequent revocation, as the case may be. (3) Except where an order prohibiting the operation of a motor vehicle pursuant to section 320. 24 of the Criminal Code (Canada) is in force, when a person appeals against a conviction for an offence mentioned in subsection (1) in the manner prescribed by law, the person shall be deemed not to be convicted for the purpose of subsections (1) and (2) and the provisions of this Act until the appeal is heard, determined and dismissed or is abandoned or the right to proceed with the appeal extinguished and the driver's license or the privilege of obtaining a driver's license shall be thereupon and hereby revoked and shall remain revoked. (4) Except where an order prohibiting the operation of a motor vehicle pursuant to section 320. 24 of the Criminal Code (Canada) is in force, a per-son whose driver's license is revoked under this Section may drive a motor vehicle until noon the third day after the date of his conviction as will permit him to return to his place of residence or to sell or dispose of a motor vehicle registered in his name. (5) When a court or judge convicts a person of any of the crimes or offences mentioned in subsection (1), the court or judge shall communicate to the person the effect of this Section, but the failure to do so shall not affect in any way the validity of the revocation. (6) When a court or judge convicts a person of any of the crimes or offences mentioned in subsection (1) the person whose license is revoked shall produce the license forthwith to the court or judge who shall make thereon an endorsement in the following words or words to the like effect: not valid as of ( state “noon” where applicable ) the......... day of.............., 19..... and he shall sign the endorsement, but the failure to do so shall not affect the valid-ity of the revocation. (7) When a person appeals against a conviction for an offence mentioned in subsection (1) in the manner prescribed by law, the court or judge

R. S., c. 293 motor vehicle 195 NOVEMBER 9, 2023whose conviction is appealed from may endorse the driver's license using the fol-lowing words or words to like effect: Revocation stayed pending appeal and he shall date and sign the endorsement. (8) Where an appeal is heard, determined and dismissed or is abandoned or the right to proceed with the appeal is extinguished, the court to which the appeal was made or the Registrar may order the person to appear and sur-render his driver's license and the order may be enforced by a peace officer. (9) Where by reason of any amendment to the Criminal Code (Canada), (a) the reference to any offence mentioned in this Section is changed; or (b) an offence involving directly or indirectly motor vehi-cles or the operation of motor vehicles is added either as a new offence or in substitution for an offence in this Section, the Governor in Council may designate an offence against the Criminal Code (Can-ada) to which clause (a) or (b) applies for the purposes of clause (d) of subsection (1) and the Governor in Council may declare the period of time applicable to a desig-nated offence for the purposes of subsection (5) of Section 67. (10) Where a person pleads guilty to or is found guilty of an offence against section 320. 14 or 320. 15 of the Criminal Code (Canada) and an order directing that the accused be discharged is made under section 730 of that Act, this Section applies in the same manner as if the person were convicted of the offence. R. S., c. 293, s. 278; 2002, c. 20, s. 6; 2005, c. 38, s. 2; 2007, c. 45, s. 18; 2013, c. 10, s. 13; 2018, c. 3, s. 56. Maintenance enforcement 278A Upon receipt of a request from the Director of Maintenance Enforce-ment pursuant to subsection 30(1) of the Maintenance Enforcement Act, (a) the Registrar shall suspend or revoke a payor's driver's licence, owner's permit, registration of a vehicle or permit, any other licence issued to the payor, the privilege of obtaining a driver's licence or the right to operate a motor vehicle; (b) the Registrar shall refuse to issue or renew a payor's licence or owner's permit, to transfer or register a payor's vehicle; and (c) the Registrar may refuse to issue a document or provide any other service to the payor, pursuant to this Act. 2016, c. 24, s. 27. 16, 17 and 18 year olds 278B The Registrar or the Director of Highway Safety shall revoke the driver's license or the privilege of obtaining a license of a person who is sixteen,

196 motor vehicle R. S., c. 293 NOVEMBER 9, 2023seventeen or eighteen years of age if the person is found guilty of any of the crimes or offences referred to in subsection (1) of Section 278 and that Section applies mutatis mutandis to the revocation. 2001, c. 44, s. 6; 2002, c. 20, s. 7. Immediate suspension by Registrar 278C (1) The Registrar may immediately suspend the driver's license or privilege of obtaining a driver's license of any person, without a hearing, if the Registrar is satisfied that the person is not able to safely operate a motor vehicle on a highway based on (a) a failed examination of the person's driving ability ordered pursuant to Section 279 or 280; or (b) a medical opinion or the results of a medical examina-tion. (2) The Registrar shall rescind an order of suspension made pur-suant to clause (a) of subsection (1) if (a) the Registrar is satisfied, based on the results of a suc-cessfully completed examination of the person's driving ability, that the person is able to safely operate a motor vehicle on a highway; and (b) the person has paid the required fees. (3) In making an order of suspension pursuant to clause (b) of subsection (1), the Registrar may rely on a letter or an oral or written report from a person who is licensed in the Province or any other province of Canada as (a) a medical practitioner; (b) an optometrist; (c) a psychologist; (d) a nurse practitioner; (e) an occupational therapist; or (f) a member of a healthcare profession that is designated by the regulations. (4) Before making a decision pursuant to clause (b) of subsec-tion (1), the Registrar may refer information that concerns a person's medical con-dition or a person's medical report or visual screening report to the Medical Advisory Committee or a member of the Committee for an opinion on the ability of the person to safely operate a motor vehicle. (5) Where the Registrar suspends a person's driver's license or privilege of obtaining a driver's license pursuant to subsection (1), the Registrar shall give the person written notice of (a) the order of suspension; and

R. S., c. 293 motor vehicle 197 NOVEMBER 9, 2023(b) with respect to a suspension ordered pursuant to clause (b) of subsection (1), the review process pursuant to Section 278D. (6) The Minister may make regulations designating health care professions for the purpose of clause (f) of subsection (3). (7) The exercise by the Minister of the authority contained in sub-section (6) is regulations within the meaning of the Regulations Act. 2011, c. 67, s. 4. Review of suspension 278D (1) Where a person whose driver's license or privilege of obtain-ing a driver's license is suspended pursuant to clause (b) of subsection (1) of Sec-tion 278C provides to the Registrar medical information that was not available or not provided to the Registrar at the time the suspension was ordered, the person may request that the Registrar review whether the order of suspension should be rescinded. (2) Where a review is requested pursuant to this Section, the Reg-istrar may refer any information that concerns a person's medical condition or a per-son's medical report or visual screening report to the Medical Advisory Committee or a member of the Committee for an opinion on the ability of the person to safely operate a motor vehicle. (3) Upon completing a review pursuant to this Section, the Regis-trar may (a) rescind the order of suspension; or (b) where satisfied that there are grounds to continue the suspension, sustain the order of suspension. (4) Where the Registrar rescinds an order of suspension pursuant to clause (a) of subsection (3), the Registrar shall (a) reinstate the driver's license or privilege of obtaining a driver's license that was suspended, with or without conditions; and (b) where a driver's licence was cancelled or surrendered due to the suspension, reissue or return the driver's licence. (5) The Registrar may impose such conditions as the Registrar deems proper on a driver's license or privilege of obtaining a driver's license rein-stated pursuant to this Section. (6) Subject to subsection (7), the Registrar's decision pursuant to subsection (3) is final and not subject to any further review or appeal. (7) Where the Registrar sustains an order of suspension pursuant to subsection (3), the Registrar may permit the person who requested the review to request a further review of whether the order should be rescinded if the Registrar is

198 motor vehicle R. S., c. 293 NOVEMBER 9, 2023satisfied that there has been a change in a medical condition that affects the ability of the driver to safely operate a motor vehicle. 2011, c. 67, s. 4. Opinion of Medical Advisory Committee or Committee member 278E (1) The Medical Advisory Committee or a member of the Com-mittee may provide an opinion concerning a person's information referred to the Committee or member pursuant to Section 278C or 278D even if the Committee or any member of the Committee has already provided an opinion with respect to the same person. (2) The Registrar is not bound by any opinion of the Medical Advisory Committee or a member of the Committee in making a decision pursuant to Section 278C or 278D. (3) For greater certainty, any information or opinion provided to the Registrar by the Medical Advisory Committee or a member of the Committee for the purpose of Section 278C or 278D is for the exclusive use of the Registrar and may not be disclosed to any person that it concerns or, subject to subsection (6) of Section 7B, any other person. 2011, c. 67, s. 4. Appeal of certain orders made pursuant to Section 279 278F (1) Where, before the coming into force of this Section, the Reg-istrar has, pursuant to subsection (2) of Section 279, suspended or revoked the driver's license or privilege of obtaining a driver's license of a person whose driver's license or privilege of obtaining a driver's license was suspended pursuant to clause (a), (b), (d), (e) or (f) of subsection (1) of Section 279, the person may, within ninety days of the date this Section comes into force, appeal the decision of the Registrar to the Motor Vehicle Appeal Board. (2) Where, at the time of or after the coming into force of this Section, the Registrar suspends or revokes the driver's license or privilege of obtaining a driver's license of a person pursuant to subsection (2) of Section 279, the person may, within ninety days of the date of the Registrar's decision pursuant to subsection (2) of Section 279, appeal the decision to the Motor Vehicle Appeal Board. (3) An appeal pursuant to this Section may be made by (a) filing the appeal in accordance with this Act and the regulations; and (b) paying the fee prescribed by the regulations. (4) In an appeal pursuant to this Section, the Motor Vehicle Appeal Board may consider (a) the written decision of the Registrar, if any; (b) any information relied upon by the Registrar in making the decision, including the driving record of the appellant;